§ 361c. — Authorization of appropriations and allotments of grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC361c]
TITLE 7--AGRICULTURE
CHAPTER 14--AGRICULTURAL EXPERIMENT STATIONS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 361c. Authorization of appropriations and allotments of
grants
(a) Authorization
There are authorized to be appropriated for the purposes of sections
361a to 361i of this title such sums as Congress may from time to time
determine to be necessary.
(b) Allotments to States; authorization of appropriations for Virgin
Islands and Guam; limitation
(1) Out of such sums each State shall be entitled to receive
annually a sum of money equal to and subject to the same requirement as
to use for marketing research projects as the sums received from Federal
appropriations for State agricultural experiment stations for the fiscal
year 1955, except that amounts heretofore made available from the fund
known as the ``Regional research fund, Office of Experiment Stations''
shall continue to be available for the support of cooperative regional
projects as defined in subsection (c)(3) of this section, and the said
fund shall be designated ``Regional research fund, State agricultural
experiment stations,'' and the Secretary of Agriculture shall be
entitled to receive annually for the administration of sections 361a to
361i of this title, a sum not less than that available for this purpose
for the fiscal year ending June 30, 1955: Provided, That if the
appropriations hereunder available for distribution in any fiscal year
are less than those for the fiscal year 1955 the allotment to each State
and the amounts for Federal administration and the regional research
fund shall be reduced in proportion to the amount of such reduction.
(2) There is authorized to be appropriated for the fiscal year
ending June 30, 1973, and for each fiscal year thereafter, for payment
to the Virgin Islands and Guam, $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
sections 361a to 361i of this title, the amount available and budgeted
for expenditure by the Virgin Islands and Guam for the purposes of such
sections.
(c) Allotment of additional sums
Any sums made available by the Congress in addition to those
provided for in subsection (b) of this section for State agricultural
experiment station work shall be distributed as follows:
(1) Twenty per centum shall be allotted equally to each State;
(2) Not less than 52 per centum of such sums shall be allotted
to each State, as follows: One-half in an amount which bears the
same ratio to the total amount to be allotted as the rural
population of the State bears to the total rural population of all
the States as determined by the last preceding decennial census
current at the time each such additional sum is first appropriated;
and one-half in an amount which bears the same ratio to the total
amount to be allotted as the farm population of the State bears to
the total farm population of all the States as determined by the
last preceding decennial census current at the time such additional
sum is first appropriated;
(3) Not less than 25 percent shall be allotted to the States for
cooperative research employing multidisciplinary approaches in which
a State agricultural experiment station, working with another State
agricultural experiment station, the Agricultural Research Service,
or a college or university, cooperates to solve problems that
concern more than 1 State. The funds available under this paragraph,
together with the funds available under subsection (b) of this
section for a similar purpose, shall be designated as the
``Multistate Research Fund, State Agricultural Experiment
Stations''.
(4) Three per centum shall be available to the Secretary of
Agriculture for administration of sections 361a to 361i of this
title. These administrative funds may be used for transportation of
scientists who are not officers or employees of the United States to
research meetings convened for the purpose of assessing research
opportunities or research planning.
(d) Matching funds
(1) Requirement
Except as provided in paragraph (4), 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 agricultural research and for the establishment and maintenance
of facilities for the performance of the research.
(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.
(e) ``Administration'' defined
``Administration'' as used in this section shall include
participation in planning and coordinating cooperative regional research
as defined in subsection (c)(3) of this section.
(f) Adjustment of payments
In making payments to States, the Secretary of Agriculture is
authorized to adjust any such payment to the nearest dollar.
(g) Reductions and reapportionments
If in any year the amount made available by a State from its own
funds (including any revenue-sharing funds) to a State agricultural
experiment station is reduced because of an increase in the allotment
made available under sections 361a to 361i of this title, the allotment
to the State agricultural experiment station from the appropriation in
the next succeeding fiscal year shall be reduced in an equivalent
amount. The Secretary shall reapportion the amount of such reduction to
other States for use by their agricultural experiment stations.
(h) Peer review and plan of work
(1) Peer review
Research carried out under subsection (c)(3) of this section
shall be subject to scientific peer review. The review of a project
conducted under this paragraph shall be considered to satisfy the
merit review requirements of section 7613(e) of this title.
(2) Plan of work
The State shall include in the plan of work of the State
required under section 361g of this title a description of the
manner in which the State will meet the requirements of subsection
(c)(3) of this section.
(i) Integration of research and extension
(1) In general
Not less than the applicable percentage specified under
paragraph (2) of the Federal formula funds that are paid under
sections 361a to 361i of this title and subsections (b) and (c) of
section 343 of this title to colleges and universities eligible to
receive funds under the Act of July 2, 1862 (12 Stat. 503, chapter
130; 7 U.S.C. 301 et seq.), during a fiscal year shall be expended
for activities that integrate cooperative research and extension
(referred to in this subsection as ``integrated 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 sections 361a to 361i of this title
and subsections (b) and (c) of section 343 of this title, the
Secretary of Agriculture shall determine the percentage that the
State expended for integrated 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 sections
361a to 361i of this title and subsections (b) and (c) of
section 343 of this title, the State shall expend for the fiscal
year for integrated 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 of Agriculture may reduce the minimum
percentage required to be expended by a State for integrated
activities under subparagraph (B) 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 361g of this title or section 344 of this
title, as applicable, 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.
(4) Relationship to other requirements
Federal formula funds described in paragraph (1) that are used
by a State for a fiscal year for integrated activities in accordance
with paragraph (2)(B) may also be used to satisfy the multistate
activities requirements of subsection (c)(3) of this section and
section 343(h) of this title for the same fiscal year.
(Mar. 2, 1887, ch. 314, Sec. 3, 24 Stat. 441; Aug. 11, 1955, ch. 790,
Sec. 1, 69 Stat. 671; Pub. L. 92-318, title V, Sec. 506(l), June 23,
1972, 86 Stat. 351; Pub. L. 95-113, title XIV, Sec. 1466, Sept. 29,
1977, 91 Stat. 1018; Pub. L. 97-98, title XIV, Sec. 1442(a), Dec. 22,
1981, 95 Stat. 1321; Pub. L. 101-624, title XVI, Sec. 1618(a), Nov. 28,
1990, 104 Stat. 3733; Pub. L. 104-127, title VIII, Sec. 869, Apr. 4,
1996, 110 Stat. 1175; Pub. L. 105-185, title I, Sec. 104, title II,
Secs. 203(a), 204(a), June 23, 1998, 112 Stat. 529, 533, 535; Pub. L.
105-277, div. A, Sec. 101(a) [title VII, Sec. 753(d)], Oct. 21, 1998,
112 Stat. 2681, 2681-33; Pub. L. 107-171, title VII, Sec. 7213(a), May
13, 2002, 116 Stat. 448.)
References in Text
Act of July 2, 1862, referred to in subsec. (i)(1), is act July 2,
1862, ch. 130, 12 Stat. 503, as amended, popularly known as the First
Morrill Act, which is classified generally to subchapter I (Sec. 301 et
seq.) of chapter 13 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 301 of this
title and Tables.
Codification
Section is based on first sentence of section 3 of act Mar. 2, 1887,
which was formerly classified to section 368 of this title. See section
361g of this title. The second sentence of said section 3 was reenacted
in act Feb. 24, 1925, ch. 308, Sec. 3, 43 Stat. 971, and was classified
to former section 366 of this title which was repealed by act Aug. 11,
1955, ch. 790, Sec. 2, 69 Stat. 674.
Amendments
2002--Subsec. (d)(4). Pub. L. 107-171 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. 104(b)(1), made
technical amendment to reference in original act which appears in text
as reference to subsection (c)(3) of this section.
Subsec. (c)(1), (2). Pub. L. 105-185, Sec. 104(a)(1)(A),
redesignated pars. 1 and 2 as (1) and (2), respectively.
Subsec. (c)(3). Pub. L. 105-185, Sec. 104(a)(1)(B), added par. (3)
and struck out former par. (3) which read as follows: ``Not more than 25
per centum shall be allotted to the States for cooperative research in
which two or more State agricultural experiment stations are cooperating
to solve problems that concern the agriculture of more than one State.
The funds available for such purposes, together with funds available
pursuant to subsection (b) of this section for like purpose shall be
designated as the `Regional research fund, State agricultural experiment
stations';''.
Pub. L. 105-185, Sec. 104(a)(1)(A), redesignated par. 3 as (3).
Subsec. (c)(4), (5). Pub. L. 105-185, Sec. 104(a)(1)(A),
redesignated par. 5 as (4).
Subsec. (d). Pub. L. 105-185, Sec. 203(a), added subsec. (d) and
struck out former subsec. (d) which read as follows: ``Of any amount in
excess of $90,000 available under sections 361a to 361i of this title
for allotment to any State, exclusive of the regional research fund,
State agricultural experiment stations, no allotment and no payments
thereof shall be made in excess of the amount which the State makes
available out of its own funds for research and for the establishment
and maintenance of facilities necessary for the prosecution of such
research: And provided further, That if any State fails to make
available for such research purposes for any fiscal year a sum equal to
the amount in excess of $90,000 to which it may be entitled for such
year, the remainder of such amount shall be withheld by the Secretary of
Agriculture and reapportioned among the States.''
Subsec. (d)(1). Pub. L. 105-277, Sec. 101(a) [title VII,
Sec. 753(d)(1)], substituted ``Except as provided in paragraph (4), no''
for ``No''.
Subsec. (d)(4). Pub. L. 105-277, Sec. 101(a) [title VII,
Sec. 753(d)(2)], added par. (4).
Subsec. (e). Pub. L. 105-185, Sec. 104(b)(2), substituted
``subsection (c)(3)'' for ``subsection (c)3''.
Subsec. (h). Pub. L. 105-185, Sec. 104(a)(2), added subsec. (h).
Subsec. (i). Pub. L. 105-185, Sec. 204(a), added subsec. (i).
1996--Subsec. (c)(3). Pub. L. 104-127 struck out ``, and shall be
used only for such cooperative regional projects as are recommended by a
committee of nine persons elected by and representing the directors of
the State agricultural experiment stations, and approved by the
Secretary of Agriculture. The necessary travel expenses of the committee
of nine persons in performance of their duties may be paid from the fund
established by this paragraph'' before semicolon at end.
1990--Subsec. (d). Pub. L. 101-624 inserted before period at end
``and reapportioned among the States''.
1981--Subsec. (g). Pub. L. 97-98 added subsec. (g).
1977--Subsec. (c)(4). Pub. L. 95-113, Sec. 1466(a), struck out par.
(4) which provided that not less than 20 per centum of any sums
appropriated pursuant to subsec. (c) for distribution to States be used
for conducting marketing research projects approved by the Department of
Agriculture.
Subsec. (c)(5). Pub. L. 95-113, Sec. 1466(b), inserted provision
authorizing the use of administrative funds for the transportation of
scientists who are not officers or employees of the United States to
research meetings convened for the purpose of assessing research
opportunities or research planning.
1972--Subsec. (b). Pub. L. 92-318 designated existing provisions as
par. (1) and added par. (2).
1955--Act Aug. 11, 1955, amended section generally to authorize
appropriations and to provide for allotment of grants. For provisions
which related to advice and assistance by the Secretary of Agriculture,
see section 361g of this title.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-277 effective June 23, 1998, see section
101(a) [title VII, Sec. 753(f)] of Pub. L. 105-277, set out as a note
under section 343 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801
of Pub. L. 97-98, set out as an Effective Date note under section 4301
of this title.
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 343, 361g, 3222 of this
title.
