§ 343. — Appropriations; distribution; allotment and apportionment; Secretary of Agriculture; matching funds; cooperative extension activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC343]
TITLE 7--AGRICULTURE
CHAPTER 13--AGRICULTURAL AND MECHANICAL COLLEGES
SUBCHAPTER IV--AGRICULTURAL EXTENSION WORK APPROPRIATION
Sec. 343. Appropriations; distribution; allotment and
apportionment; Secretary of Agriculture; matching funds;
cooperative extension activities
(a) There are authorized to be appropriated for the purposes of this
subchapter such sums as Congress may from time to time determine to be
necessary.
(b)(1) Out of such sums, each State and the Secretary of Agriculture
shall be entitled to receive annually a sum of money equal to the sums
available from Federal cooperative extension funds for the fiscal year
1962, and subject to the same requirements as to furnishing of
equivalent sums by the State, except that amounts heretofore made
available to the Secretary for allotment on the basis of special needs
shall continue available for use on the same basis.
(2) There is authorized to be appropriated for the fiscal year
ending June 30, 1971, and for each fiscal year thereafter, for payment
to the Virgin Islands, Guam, and the Northern Mariana Islands, $100,000
each, which sums shall be in addition to the sums appropriated for the
several States of the United States and Puerto Rico under the provisions
of this section. The amount paid by the Federal Government to the Virgin
Islands and Guam pursuant to this paragraph shall not exceed during any
fiscal year, except the fiscal years ending June 30, 1971, and June 30,
1972, when such amount may be used to pay the total cost of providing
services pursuant to this subchapter, the amount available and budgeted
for expenditure by the Virgin Islands and Guam for the purposes of this
subchapter.
(3) There are authorized to be appropriated for the fiscal year
ending June 30, 1996, and for each fiscal year thereafter, for payment
on behalf of the 1994 Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994), such sums as are
necessary for the purposes set forth in section 342 of this title. The
balance of any annual funds provided under the preceding sentence for a
fiscal year that remains unexpended at the end of that fiscal year shall
remain available without fiscal year limitation. Such sums shall be in
addition to the sums appropriated for the several States and Puerto
Rico, the Virgin Islands, and Guam under the provisions of this section.
Such sums shall be distributed on the basis of a competitive application
process to be developed and implemented by the Secretary and paid by the
Secretary to 1994 Institutions (in accordance with regulations that the
Secretary may promulgate) and may be administered by the 1994
Institutions through cooperative agreements with colleges and
universities eligible to receive funds under subchapters I and II of
this chapter, including Tuskegee University, located in any State.
(c) Any sums made available by the Congress for further development
of cooperative extension work in addition to those referred to in
subsection (b) of this section shall be distributed as follows:
(1) Four per centum of the sum so appropriated for each fiscal
year shall be allotted to the Secretary of Agriculture for
administrative, technical, and other services, and for coordinating
the extension work of the Department and the several States,
Territories, and possessions.
(2) Of the remainder so appropriated for each fiscal year 20 per
centum shall be paid to the several States in equal proportions, 40
per centum shall be paid to the several States in the proportion
that the rural population of each bears to the total rural
population of the several States as determined by the census, and
the balance shall be paid to the several States in the proportion
that the farm population of each bears to the total farm population
of the several States as determined by the census. Any appropriation
made hereunder shall be allotted in the first and succeeding years
on the basis of the decennial census current at the time such
appropriation is first made, and as to any increase, on the basis of
decennial census current at the time such increase is first
appropriated.
(d) The Secretary of Agriculture shall receive such additional
amounts as Congress shall determine for administration, technical, and
other services and for coordinating the extension work of the Department
and the several States, Territories, and possessions. A college or
university eligible to receive funds under subchapter II of this
chapter, including Tuskegee University, may apply for and receive
directly from the Secretary of Agriculture--
(1) amounts made available under this subsection after September
30, 1995, to carry out programs or initiatives for which no funds
were made available under this subsection for fiscal year 1995, or
any previous fiscal year, as determined by the Secretary; and
(2) amounts made available after September 30, 1995, to carry
out programs or initiatives funded under this subsection prior to
that date that are in excess of the highest amount made available
for the programs or initiatives under this subsection for fiscal
year 1995, or any previous fiscal year, as determined by the
Secretary.
(e) Matching Funds.--
(1) Requirement.--Except as provided in paragraph (4) and
subsection (f) of this section, no allotment shall be made to a
State under subsection (b) or (c) of this section, and no payments
from the allotment shall be made to a State, in excess of the amount
that the State makes available out of non-Federal funds for
cooperative extension work.
(2) Failure to provide matching funds.--If a State fails to
comply with the requirement to provide matching funds for a fiscal
year under paragraph (1), the Secretary of Agriculture shall
withhold from payment to the State for that fiscal year an amount
equal to the difference between--
(A) the amount that would be allotted and paid to the State
under subsections (b) and (c) of this section (if the full
amount of matching funds were provided by the State); and
(B) the amount of matching funds actually provided by the
State.
(3) Reapportionment.--
(A) In general.--The Secretary of Agriculture shall
reapportion amounts withheld under paragraph (2) for a fiscal
year among the States satisfying the matching requirement for
that fiscal year.
(B) Matching requirement.--Any reapportionment of funds
under this paragraph shall be subject to the matching
requirement specified in paragraph (1).
(4) Exception for insular areas.--
(A) In general.--Effective beginning for fiscal year 2003,
in lieu of the matching funds requirement of paragraph (1), the
insular areas of the Commonwealth of Puerto Rico, Guam, and the
Virgin Islands of the United States shall provide matching funds
from non-Federal sources in an amount equal to not less than 50
percent of the formula funds distributed by the Secretary to
each of the insular areas, respectively, under this section.
(B) Waivers.--The Secretary may waive the matching fund
requirement of subparagraph (A) for any fiscal year if the
Secretary determines that the government of the insular area
will be unlikely to meet the matching requirement for the fiscal
year.
(f) Matching Funds Exception for 1994 Institutions.--There shall be
no matching requirement for funds made available to a 1994 Institution
pursuant to subsection (b)(3) of this section.
(g)(1) The Secretary of Agriculture may conduct educational,
instructional, demonstration, and publication distribution programs and
enter into cooperative agreements with private nonprofit and profit
organizations and individuals to share the cost of such programs through
contributions from private sources as provided in this subsection.
(2) The Secretary may receive contributions under this subsection
from private sources for the purposes described in paragraph (1) and
provide matching funds in an amount not greater than 50 percent of such
contributions.
(h) Multistate Cooperative Extension Activities.--
(1) In general.--Not less than the applicable percentage
specified under paragraph (2) of the amounts that are paid to a
State under subsections (b) and (c) of this section during a fiscal
year shall be expended by States for cooperative extension
activities in which 2 or more States cooperate to solve problems
that concern more than 1 State (referred to in this subsection as
``multistate activities'').
(2) Applicable percentages.--
(A) 1997 expenditures on multistate activities.--Of the
Federal formula funds that were paid to each State for fiscal
year 1997 under subsections (b) and (c) of this section, the
Secretary of Agriculture shall determine the percentage that the
State expended for multistate activities.
(B) Required expenditures on multistate activities.--Of the
Federal formula funds that are paid to each State for fiscal
year 2000 and each subsequent fiscal year under subsections (b)
and (c) of this section, the State shall expend for the fiscal
year for multistate activities a percentage that is at least
equal to the lesser of--
(i) 25 percent; or
(ii) twice the percentage for the State determined under
subparagraph (A).
(C) Reduction by secretary.--The Secretary may reduce the
minimum percentage required to be expended for multistate
activities under subparagraph (B) by a State in a case of
hardship, infeasibility, or other similar circumstance beyond
the control of the State, as determined by the Secretary.
(D) Plan of work.--The State shall include in the plan of
work of the State required under section 344 of this title a
description of the manner in which the State will meet the
requirements of this paragraph.
(3) Applicability.--This subsection does not apply to funds
provided--
(A) by a State or local government pursuant to a matching
requirement;
(B) to a 1994 Institution (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (Public Law
103-382; 7 U.S.C. 301 note)); or
(C) to the Commonwealth of Puerto Rico, the Virgin Islands,
or Guam.
(i) Merit Review.--
(1) Review required.--Effective October 1, 1999, extension
activity carried out under subsection (h) of this section shall be
subject to merit review.
(2) Other requirements.--An extension activity for which merit
review is conducted under paragraph (1) shall be considered to have
satisfied the requirements for review under section 7613 of this
title.
(j) Integration of Research and Extension.--Section 361c(i) of this
title shall apply to amounts made available to carry out this
subchapter.
(May 8, 1914, ch. 79, Sec. 3, 38 Stat. 373; June 26, 1953, ch. 157,
Sec. 1, 67 Stat. 84; Pub. L. 87-749, Sec. 1(b)-(e), Oct. 5, 1962, 76
Stat. 745; Pub. L. 92-318, title V, Sec. 506(g), June 23, 1972, 86 Stat.
351; Pub. L. 95-113, title XIV, Sec. 1465, Sept. 29, 1977, 91 Stat.
1018; Pub. L. 99-198, title XIV, Sec. 1435(b), Dec. 23, 1985, 99 Stat.
1557; Pub. L. 99-396, Sec. 9(e), Aug. 27, 1986, 100 Stat. 840; Pub. L.
103-382, title V, Sec. 534(b), Oct. 20, 1994, 108 Stat. 4050; Pub. L.
104-127, title VIII, Sec. 883(a), Apr. 4, 1996, 110 Stat. 1176; Pub. L.
105-185, title I, Sec. 105, title II, Secs. 201, 203(b), (c)(2), 204(b),
June 23, 1998, 112 Stat. 529, 531, 534, 536; Pub. L. 105-277, div. A,
Sec. 101(a) [title VII, Sec. 753(e)], Oct. 21, 1998, 112 Stat. 2681,
2681-33; Pub. L. 107-171, title VII, Secs. 7213(b), 7215, May 13, 2002,
116 Stat. 448.)
References in Text
Section 532 of the Equity in Educational Land-Grant Status Act of
1994, referred to in subsec. (b)(3), is section 532 of Pub. L. 103-382,
which is set out as a note under section 301 of this title.
Amendments
2002--Subsec. (b)(3). Pub. L. 107-171, Sec. 7215, substituted ``such
sums as are necessary'' for ``$5,000,000'' and inserted ``The balance of
any annual funds provided under the preceding sentence for a fiscal year
that remains unexpended at the end of that fiscal year shall remain
available without fiscal year limitation.'' after ``section 342 of this
title.''.
Subsec. (e)(4). Pub. L. 107-171, Sec. 7213(b), added par. (4) and
struck out heading and text of former par. (4). Text read as follows:
``In lieu of the matching funds requirement of paragraph (1), the
Commonwealth of Puerto Rico, the Virgin Islands, and Guam shall be
subject to the same matching funds requirements as those applicable to
an eligible institution under section 3222d of this title.''
1998--Subsec. (b)(1). Pub. L. 105-185, Sec. 203(c)(2)(A),
substituted ``Secretary of Agriculture'' for ``Federal Extension
Service''.
Subsec. (b)(3). Pub. L. 105-185, Sec. 201, substituted ``1994
Institutions (in accordance with regulations that the Secretary may
promulgate) and may be administered by the 1994 Institutions through
cooperative agreements with colleges and universities eligible to
receive funds under subchapters I and II of this chapter, including
Tuskegee University, located in any State.'' for ``State institutions
established in accordance with the provisions of subchapter I of this
chapter (other than 1994 Institutions) and administered by such
institutions through cooperative agreements with 1994 Institutions in
the States of the 1994 Institutions in accordance with regulations that
the Secretary shall adopt.''
Subsec. (c)(1). Pub. L. 105-185, Sec. 203(b)(1)(A), (c)(2)(A),
redesignated par. 1 as (1) and substituted ``Secretary of Agriculture''
for ``Federal Extension Service''.
Subsec. (c)(2). Pub. L. 105-185, Sec. 203(b)(1), redesignated par. 2
as (2) and substituted ``census. Any'' for ``census: Provided, That
payments out of the additional appropriations for further development of
extension work authorized herein may be made subject to the making
available of such sums of public funds by the States from non-Federal
funds for the maintenance of cooperative agricultural extension work
provided for in this subchapter, as may be provided by the Congress at
the time such additional appropriations are made: Provided further, That
any''.
Subsec. (d). Pub. L. 105-185, Sec. 203(c)(2)(A), substituted
``Secretary of Agriculture'' for ``Federal Extension Service''.
Subsec. (e). Pub. L. 105-185, Sec. 203(b)(2), added subsec. (e) and
struck out former subsec. (e) which read as follows: ``Insofar as the
provisions of subsections (b) and (c) of this section, which require or
permit Congress to require matching of Federal funds, apply to the
Virgin Islands of the United States and Guam, such provisions shall be
deemed to have been satisfied, for the fiscal years ending September 30,
1978, and September 30, 1979, only, if the amounts budgeted and
available for expenditure by the Virgin Islands of the United States and
Guam in such years equal the amounts budgeted and available for
expenditure by the Virgin Islands of the United States and Guam in the
fiscal year ending September 30, 1977.''
Subsec. (e)(1). Pub. L. 105-277, Sec. 101(a) [title VII,
Sec. 753(e)(1)], inserted ``paragraph (4) and'' after ``provided in''.
Subsec. (e)(4). Pub. L. 105-277, Sec. 101(a) [title VII,
Sec. 753(e)(2)], added par. (4).
Subsec. (f). Pub. L. 105-185, Sec. 203(b)(2), added subsec. (f) and
struck out former subsec. (f) which read as follows: ``There shall be no
matching requirement for funds made available pursuant to subsection
(b)(3) of this section.''
Subsec. (g)(1). Pub. L. 105-185, Sec. 203(c)(2)(B), struck out
``through the Federal Extension Service'' after ``distribution
programs''.
Subsecs. (h), (i). Pub. L. 105-185, Sec. 105, added subsecs. (h) and
(i).
Subsec. (j). Pub. L. 105-185, Sec. 204(b), added subsec. (j).
1996--Subsec. (d). Pub. L. 104-127 inserted at end ``A college or
university eligible to receive funds under subchapter II of this
chapter, including Tuskegee University, may apply for and receive
directly from the Secretary of Agriculture--'' and added pars. (1) and
(2).
1994--Subsec. (b)(3). Pub. L. 103-382, Sec. 534(b)(1), added par.
(3).
Subsecs. (f), (g). Pub. L. 103-382, Sec. 534(2), (3), added subsec.
(f) and redesignated former subsec. (f) as (g).
1986--Subsec. (b)(2). Pub. L. 99-396 substituted ``Guam, and the
Northern Mariana Islands'' for ``and Guam'' in provision authorizing an
appropriation each fiscal year for the payment of $100,000 in addition
to the sums appropriated for the States and Puerto Rico.
1985--Subsec. (f). Pub. L. 99-198 added subsec. (f).
1977--Subsec. (e). Pub. L. 95-113 added subsec. (e).
1972--Subsec. (b). Pub. L. 92-318 designated existing provisions as
par. (1) and added par. (2).
1962--Subsec. (b). Pub. L. 87-749, Sec. 1(b), substituted ``sums
available'' for ``sums received'', and ``1962'' for ``1953'', and struck
out ``, Alaska, Hawaii, Puerto Rico,'' before ``and the Federal
Extension Service'', ``such sums shall be'' before ``subject to the same
requirement'', ``, Alaska, Hawaii, and Puerto Rico as existed
immediately prior to June 26, 1953'' before ``except that amounts
heretofore'', and proviso which authorized Puerto Rico to receive the
total initial amount set by Act Oct. 26, 1949, which amount was to be
increased yearly until the total sum equalled the maximum amount set by
such Act, and to receive such amount annually thereafter.
Subsec. (c)1. Pub. L. 87-749, Sec. 1(c), provided that the allotment
shall be to the Federal Extension Service for various services and for
coordinating the extension work of the Department, States, Territories
and Possessions, and struck out provisions which required the Secretary
to allot the funds among the States, Alaska, Hawaii, and Puerto Rico
according to special needs.
Subsec. (c)2. Pub. L. 87-749, Sec. 1(d), substituted provisions
authorizing 20 per centum of the remainder of the appropriated funds to
be paid to the States in equal proportions, 40 per centum of such funds
to be paid to the States in the proportion that the rural population of
each bears to the total rural population of the States, and the balance
to be paid the States in the proportion that the farm population of each
bears to the total farm population of the States, for provisions paying
50 per centum of the remaining sum to the States, Alaska, Hawaii and
Puerto Rico in the proportion that the rural population of each had to
the total rural population of all, and the balance in the proportion
that the farm population of each had to the farm population of all, and
struck out ``, Alaska, Hawaii, and Puerto Rico'' from first proviso.
Subsec. (d). Pub. L. 87-749, Sec. 1(e), inserted ``additional''
after ``receive such''.
1953--Act June 26, 1953, amended section generally, and, among other
changes: (1) divided section into subsections; (2) substituted general
authorization for appropriations for former authorization for specific
annual appropriations; (3) inserted references to Alaska, Hawaii, and
Puerto Rico; and (4) substituted provisions relating to allotment and
apportionment of appropriations for former provisions for such
apportionment on basis of rural population, and farm population, as
determined by latest census.
Effective Date of 1998 Amendment
Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 753(f)], Oct.
21, 1998, 112 Stat. 2681, 2681-33, provided that: ``The amendments made
by this section [amending this section, sections 361c, 2204f, 4606, and
7621 of this title, and section 1642 of Title 16, Conservation] shall
take effect on the date of enactment of the Agricultural Research,
Extension, and Education Reform Act of 1998 [June 23, 1998].''
Effective Date of 1985 Amendment
Section 1435(d) of Pub. L. 99-198 provided that: ``This section and
the amendments made by this section [amending this section and section
342 of this title] shall become effective on October 1, 1985.''
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-318 effective after June 30, 1970, see
section 506(n) of Pub. L. 92-318, set out as an Effective Date note
under section 326a of this title.
Section Referred to in Other Sections
This section is referred to in sections 361c, 2020, 3175, 3221 of
this title; title 39 section 3202.
