[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR718.209]

[Page 100-101]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 718--PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS--Table of Contents
 
  Subpart C--Reconstitution of Farms, Allotments, Quotas, and Acreages
 
Sec. 718.209  Transfer of allotments and quotas--State public lands.

    (a) Transfers of allotments and quotas between farms in the same 
county may be permitted where both farms are lands owned by the State.
    (b) An application requesting the transfer of one or more of the 
allotments and quotas on a farm entirely comprised of lands owned by a 
State shall be filed with the county committee by the State. The 
application shall identify the farms as being within the same county, 
show that each farm is entirely comprised of lands owned by the State, 
and list the allotments and quotas requested to be transferred. 
Additional information with respect to the present operations on the 
farms, including all leasing arrangements, shall also be set forth in 
the application.
    (c) The State committee shall establish the closing date for filing 
applications under paragraph (b) of this section for each year which 
shall be no later than the general planting date in the county for the 
commodity involved in the transfer.
    (d)(1) Each transfer of an allotment and quota under this section 
shall be adjusted for differences in farm productivity if the yield 
projected for the year the transfer is to take effect for the farm to 
which transfer is made exceeds by more than ten percent the yield 
projected for the year the transfer is to take effect for the farm from 
which transfer is made. The county committee shall determine the amount 
of the allotment and quota to be transferred where a productivity 
adjustment is required to be made by dividing:
    (i) The product of the yield for the farm from which the transfer is 
made and the acreage to be transferred from such farm, by
    (ii) The yield for the farm to which the transfer is made.
    (2) Acreage for the farm receiving the allotment or quota shall be 
adjusted by the same percentage as the allotment or quota being 
transferred is adjusted. The amount of the allotment and quota and 
related acreage transferred from the farm from which the transfer is 
made shall be the full amount, but the amount of all allotment or quota 
and related acreage for the farm to which the transfer is made shall be 
the adjusted amount.
    (e) The amount of allotment and quota on a farm after a transfer 
under this section is made shall not exceed the average amount of 
allotment or quota of at least three farms with acreage of cropland 
similar to the farm receiving the transfer in the community having the 
applicable allotment acreage and quota on these farms.
    (f) Each transfer of any allotment and quota shall be subject to the 
condition that an acreage equal to the allotment and quota transferred, 
before any productivity adjustment, shall be devoted to and maintained 
in permanent vegetative cover on the farm from which the transfer is 
made. The acreage to be devoted to and maintained in

[[Page 101]]

permanent vegetative cover with respect to quota crops shall be 
determined by dividing the quota transferred by the yield of the farm 
from which the quota is transferred.
    (g) Transfer of an allotment and quota under this section shall only 
be approved if:
    (1) The county committee determines that a timely filed application 
has been received and that the provisions of this section have been met; 
and
    (2) A representative of the State committee also determines that the 
provisions of this section have been met. If such a transfer is 
approved, the county committee shall issue revised notices of the 
allotment or quota for each farm affected by the transfer. If a county 
committee obtains evidence that the conditions applicable to any 
transfer under this section have not been met, a report of the facts 
shall be made to the State committee. If the State committee determines 
that such conditions have not been met, the transfer will be canceled, 
and the allotment and quota shall be retransferred to the original farm. 
Where cancellation and retransfer is required, the county committee 
shall issue revised notices of the allotment or quota showing the 
reasons for the cancellation of the transfer.