7 U.S. Code § 361c - Authorization of appropriations and allotments of grants
Except as provided in paragraph (4), no allotment shall be made to a State under subsection (b) or (c), 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.
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.
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 and the District of Columbia 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, and the District of Columbia under this section.
“Administration” as used in this section shall include participation in planning and coordinating cooperative regional research as defined in subsection (c)(3).
In making payments to States, the Secretary of Agriculture is authorized to adjust any such payment to the nearest dollar.
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.
Research carried out under subsection (c)(3) 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.
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).
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”).
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.
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.
Act of July 2, 1862, referred to in subsec. (i)(1), is act July 2, 1862, ch. 130, 12 Stat. 503, popularly known as the “Morrill Act” and also as the “First Morrill Act”, which is classified generally to subchapter I (§ 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.
Prior to being amended generally by act Aug. 11, 1955, ch. 790, § 1, 69 Stat. 671, section 3 of act Mar. 2, 1887, which comprises this section, consisted of two sentences. The first sentence was classified to former section 368 of this title. The second sentence was superseded by act Feb. 24, 1925, ch. 308, § 3, 43 Stat. 971, which was classified to former section 366 of this title and was repealed by act Aug. 11, 1955, ch. 790, § 2, 69 Stat. 674.
2008—Subsec. (d)(4). Pub. L. 110–246, § 7404(a)(1), inserted “and the District of Columbia” after “areas” in heading.
Subsec. (d)(4)(A). Pub. L. 110–246, § 7404(a)(2), inserted “and the District of Columbia” after “United States” and after “respectively,”.
Subsec. (d)(4)(B). Pub. L. 110–246, § 7404(a)(3), inserted “or the District of Columbia” after “area”.
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, § 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, § 104(a)(1)(A), redesignated pars. 1 and 2 as (1) and (2), respectively.
Subsec. (c)(3). Pub. L. 105–185, § 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, § 104(a)(1)(A), redesignated par. 3 as (3).
Subsec. (c)(4), (5). Pub. L. 105–185, § 104(a)(1)(A), redesignated par. 5 as (4).
Subsec. (d). Pub. L. 105–185, § 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, § 101(a) [title VII, § 753(d)(1)], substituted “Except as provided in paragraph (4), no” for “No”.
Subsec. (d)(4). Pub. L. 105–277, § 101(a) [title VII, § 753(d)(2)], added par. (4).
Subsec. (e). Pub. L. 105–185, § 104(b)(2), substituted “subsection (c)(3)” for “subsection (c)3”.
Subsec. (h). Pub. L. 105–185, § 104(a)(2), added subsec. (h).
Subsec. (i). Pub. L. 105–185, § 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, § 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, § 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.
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
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