
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC3221]

 
                          TITLE 7--AGRICULTURE
 
       CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
 
             SUBCHAPTER VI--1890 LAND-GRANT COLLEGE FUNDING
 
Sec. 3221. Extension at 1890 land-grant colleges, including 
        Tuskegee University
        

(a) Authorization of appropriations

    There are authorized to be appropriated annually such sums as 
Congress may determine necessary to support continuing agricultural and 
forestry extension at colleges eligible to receive funds under the Act 
of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 321-326 and 
328), including Tuskegee University (hereinafter in this section 
referred to as ``eligible institutions''). Beginning with the fiscal 
year ending September 30, 1979, and ending with the fiscal year ending 
September 30, 1981, there shall be appropriated under this section for 
each fiscal year an amount not less than 4 per centum of the total 
appropriations for such year under the Act of May 8, 1914 (38 Stat. 372-
374, as amended; 7 U.S.C. 341-349): Provided, That the amount 
appropriated for the fiscal year ending September 30, 1979, shall not be 
less than the amount made available for the fiscal year ending September 
30, 1978, to such eligible institutions under section 3(d) of the Act of 
May 8, 1914 (38 Stat. 373, as amended; 7 U.S.C. 343(d). Beginning with 
the fiscal year ending September 30, 1982, there shall be appropriated 
under this section an amount not less than 5\1/2\ per centum, and for 
each fiscal year thereafter an amount not less than 6 per centum of the 
total appropriations for such year under the Act of May 8, 1914 (7 
U.S.C. 341 et seq.), and related acts pertaining to cooperative 
extension work at the land-grant institutions identified in the Act of 
May 8, 1914 (38 Stat. 372, chapter 79; 7 U.S.C. 341 et seq.), except 
that for the purpose of this calculation, the total appropriations shall 
not include amounts made available after September 30, 1995, under 
section 3(d) of that Act (7 U.S.C. 343(d)), to carry out programs or 
initiatives for which no funds were made available under section 3(d) of 
that Act for fiscal year 1995, or any previous fiscal year, as 
determined by the Secretary, and shall not include amounts made 
available after September 30, 1995, to carry out programs or initiatives 
funded under section 3(d) of that Act prior to that date that are in 
excess of the highest amount made available for the programs or 
initiatives for fiscal year 1995, or any previous fiscal year, as 
determined by the Secretary. Funds appropriated under this section shall 
be used for expenses of conducting extension programs and activities, 
and for contributing to the retirement of employees subject to the 
provisions of section 331 of this title. No more than 20 per centum of 
the funds received by an institution in any fiscal year may be carried 
forward to the succeeding fiscal year.

(b) Allocation and distribution of appropriated funds

    Beginning with the fiscal year ending September 30, 1979--
        (1) any funds annually appropriated under this section up to the 
    amount appropriated for the fiscal year ending September 30, 1978, 
    pursuant to section 343(d) of this title, for eligible institutions, 
    shall be allocated among the eligible institutions in the same 
    proportion as funds appropriated under section 343(d) of this title 
    for the fiscal year ending September 30, 1978, are allocated among 
    the eligible institutions; and
        (2) any funds appropriated annually under this section in excess 
    of an amount equal to the amount appropriated under section 343(d) 
    of this title, for the fiscal year ending September 30, 1978, for 
    eligible institutions, shall be distributed as follows:
            (A) A sum equal to 4 per centum of the total amount 
        appropriated each fiscal year under this section shall be 
        allotted to the Extension Service of the Department of 
        Agriculture for administrative, technical, and other services, 
        and for coordinating the extension work of the Department of 
        Agriculture and the several States.
            (B) Of the remainder, 20 per centum shall be allotted among 
        the eligible institutions in equal proportions; 40 per centum 
        shall be allotted among the eligible institutions in the 
        proportion that the rural population of the State in which each 
        eligible institution is located bears to the total rural 
        population of all the States in which eligible institutions are 
        located, as determined by the last preceding decennial census 
        current at the time each such additional sum is first 
        appropriated; and the balance shall be allotted among the 
        eligible institutions in the proportion that the farm population 
        of the State in which each eligible institution is located bears 
        to the total farm population of all the States in which the 
        eligible institutions are located, as determined by the last 
        preceding decennial census current at the time each such 
        additional sum is first appropriated.

In computing the distribution of funds allocated under paragraph (2) of 
this subsection, the allotments to Tuskegee University and Alabama 
Agricultural and Mechanical University shall be determined as if each 
institution were in a separate State.

(c) Comprehensive program of extension for each State

    The State director of the cooperative extension service and the 
extension administrator at the eligible institution in each State where 
an eligible institution is located shall jointly develop, by mutual 
agreement, a comprehensive program of extension for such State to be 
submitted for approval by the Secretary within one year after September 
29, 1977 and each five years thereafter.

(d) Ascertainment of entitlement to funds; time and manner of payment; 
        State reporting requirements; plans of work

                  (1) Ascertainment of entitlement

        On or about the first day of October in each year after 
    September 29, 1977, the Secretary shall ascertain whether each 
    eligible institution is entitled to receive its share of the annual 
    appropriation for extension work under this section and the amount 
    which it is entitled to receive. Before the funds herein provided 
    shall become available to any eligible institution for any fiscal 
    year, plans for the work to be carried out under this section shall 
    be submitted, as part of the State plan of work, and approved by the 
    Secretary.

           (2) Time and manner of payment; related reports

        The amount to which an eligible institution is entitled shall be 
    paid in equal quarterly payments on or about October 1, January 1, 
    April 1, and July 1 of each year to the treasurer or other officer 
    of the eligible institution duly authorized to receive such payments 
    and such officer shall be required to report to the Secretary on or 
    about the first day of December of each year a detailed statement of 
    the amount so received during the previous fiscal year and its 
    disbursement, on forms prescribed by the Secretary.

              (3) Requirements related to plan of work

        Each plan of work for an eligible institution required under 
    this section shall contain descriptions of the following:
            (A) The critical short-term, intermediate, and long-term 
        agricultural issues in the State in which the eligible 
        institution is located and the current and planned extension 
        programs and projects targeted to address the issues.
            (B) The process established to consult with extension users 
        regarding the identification of critical agricultural issues in 
        the State and the development of extension programs and projects 
        targeted to address the issues.
            (C) The efforts made to identify and collaborate with other 
        colleges and universities within the State, and within other 
        States, that have a unique capacity to address the identified 
        agricultural issues in the State and the extent of current and 
        emerging efforts (including regional extension efforts) to work 
        with those other institutions.
            (D) The manner in which research and extension, including 
        research and extension activities funded other than through 
        formula funds, will cooperate to address the critical issues in 
        the State, including the activities to be carried out 
        separately, the activities to be carried out sequentially, and 
        the activities to be carried out jointly.
            (E) The education and outreach programs already underway to 
        convey currently available research results that are pertinent 
        to a critical agricultural issue, including efforts to encourage 
        multicounty cooperation in the dissemination of research 
        results.

                       (4) Extension protocols

        (A) In general

            The Secretary shall develop protocols to be used to evaluate 
        the success of multistate, multi-institutional, and 
        multidisciplinary extension activities and joint research and 
        extension activities in addressing critical agricultural issues 
        identified in the plans of work submitted under this section.

        (B) Consultation

            The Secretary shall develop the protocols in consultation 
        with the Advisory Board and land-grant colleges and 
        universities.

          (5) Treatment of plans of work for other purposes

        To the maximum extent practicable, the Secretary shall consider 
    a plan of work submitted under this section to satisfy other 
    appropriate Federal reporting requirements.

(e) Diminution, loss, or misapplication of funds

    If any portion of the moneys received by any eligible institution 
for the support and maintenance of extension work as provided in this 
section shall by any action or contingency be diminished or lost or be 
misapplied, it shall be replaced by such institution and until so 
replaced no subsequent appropriation shall be apportioned or paid to 
such institution. No portion of such moneys shall be applied, directly 
or indirectly, to the purchase, erection, preservation, or repair of any 
building or buildings, or the purchase or rental of land, or in college 
course teaching, lectures in college, or any other purpose not specified 
in this section. It shall be the duty of such institution, annually, on 
or about the first day of January, to make to the Governor of the State 
in which it is located a full and detailed report of its operations in 
extension work, including a detailed statement of receipts and 
expenditures from all sources for this purpose, a copy of which report 
shall be sent to the Secretary.

(f) Mailing of correspondence, bulletins, and reports

    To the extent that the official mail consists of correspondence, 
bulletins, and reports for furtherance of the purposes of this section, 
it shall be transmitted in the mails of the United States under penalty 
indicia: Provided, That each item shall bear such indicia as are 
prescribed by the Postmaster General and shall be mailed under such 
regulations as the Postmaster General may from time to time prescribe. 
Such items may be mailed from a principal place of business of each 
eligible institution or from an established subunit of such institution.

(Pub. L. 95-113, title XIV, Sec. 1444, Sept. 29, 1977, 91 Stat. 1007; 
Pub. L. 97-98, title XIV, Sec. 1431, Dec. 22, 1981, 95 Stat. 1310; Pub. 
L. 99-198, title XIV, Sec. 1415, Dec. 23, 1985, 99 Stat. 1549; Pub. L. 
104-127, title VIII, Sec. 883(b), Apr. 4, 1996, 110 Stat. 1176; Pub. L. 
105-185, title I, Sec. 103(f)(3)(A), title II, Secs. 225(a), 226(c)(2), 
June 23, 1998, 112 Stat. 528, 540, 543.)

                       References in Text

    Act of August 30, 1890, 26 Stat. 417, as amended, referred to in 
subsec. (a), is popularly known as the ``Agricultural College Act of 
1890'' and also as the ``Second Morrill Act'', and is classified 
generally to subchapter II (Sec. 321 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 321 of this title and Tables.
    Act of May 8, 1914, 38 Stat. 372, as amended, referred to in subsec. 
(a), is popularly known as the ``Smith-Lever Act'', and is classified 
generally to subchapter IV (Sec. 341 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 341 of this title and Tables.


                               Amendments

    1998--Pub. L. 105-185, Sec. 226(c)(2)(A), substituted ``University'' 
for ``Institute'' in section catchline.
    Subsecs. (a), (b). Pub. L. 105-185, Sec. 226(c)(2)(B), substituted 
``Tuskegee University'' for ``Tuskegee Institute'' in first sentence of 
subsec. (a) and concluding provisions of subsec. (b).
    Subsec. (d). Pub. L. 105-185, Sec. 225(a), inserted subsec. heading, 
designated existing provisions as pars. (1) and (2) and inserted par. 
headings, in par. (2) substituted ``The amount to which an eligible 
institution is entitled'' for ``Such sums'', and added pars. (3) to (5).
    Subsecs. (f), (g). Pub. L. 105-185, Sec. 103(f)(3)(A), redesignated 
subsec. (g) as (f) and struck out former subsec. (f) which read as 
follows: ``If the Secretary finds that an eligible institution is not 
entitled to receive its share of the annual appropriation, the facts and 
reasons therefor shall be reported to the President, and the amount 
involved shall be kept separate in the Treasury until the expiration of 
the next Congress in order that the institution may, if it should so 
desire, appeal to Congress from the determination of the Secretary. If 
the next Congress does not direct such sum to be paid, it shall be 
carried to surplus.''
    1996--Subsec. (a). Pub. L. 104-127 inserted before period at end of 
third sentence ``, except that for the purpose of this calculation, the 
total appropriations shall not include amounts made available after 
September 30, 1995, under section 3(d) of that Act (7 U.S.C. 343(d)), to 
carry out programs or initiatives for which no funds were made available 
under section 3(d) of that Act for fiscal year 1995, or any previous 
fiscal year, as determined by the Secretary, and shall not include 
amounts made available after September 30, 1995, to carry out programs 
or initiatives funded under section 3(d) of that Act prior to that date 
that are in excess of the highest amount made available for the programs 
or initiatives for fiscal year 1995, or any previous fiscal year, as 
determined by the Secretary''.
    1985--Subsec. (a). Pub. L. 99-198 in third sentence, struck out ``, 
through the fiscal year ending September 30, 1985,'' after ``fiscal year 
thereafter'' and inserted at end ``, and related acts pertaining to 
cooperative extension work at the land-grant institutions identified in 
the Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 U.S.C. 341 et 
seq.)''.
    1981--Subsec. (a). Pub. L. 97-98, Sec. 1431(1), (2), inserted 
provisions designating the fiscal year ending Sept. 30, 1981, as the 
last of the fiscal years for which the appropriation under this section 
had to be 4 per centum or more of the total appropriation for each year 
under the Act of May 8, 1914, and inserted provisions that, beginning 
with the fiscal year ending Sept. 30, 1982, there must be appropriated 
under this section an amount not less than 5\1/2\ per centum and for 
each fiscal year thereafter, through the fiscal year ending Sept. 30, 
1985, an amount not less than 6 per centum of the total appropriations 
for such year under the Act of May 8, 1914.
    Subsec. (b)(2)(B). Pub. L., 97-98, Sec. 1431(3), inserted ``current 
at the time each such additional sum is first appropriated'' after ``the 
last preceding decennial census'' in two places.
    Subsec. (c). Pub. L. 97-98, Sec. 1431(4), substituted ``extension 
administrator'' for ``administrative head for extension'' and inserted 
provision for the submission of a comprehensive program of extension for 
approval by the Secretary each five years after Sept. 29, 1977.
    Subsec. (d). Pub. L. 97-98, Sec. 1431(5), substituted ``submitted, 
as part of the State plan of work,'' for ``submitted by the proper 
officials of each institution''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-185, title II, Sec. 225(c), June 23, 1998, 112 Stat. 
542, provided that: ``The amendments made by this section [amending this 
section and section 3222 of this title] take effect on October 1, 
1999.''


                    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

    Subchapter effective Oct. 1, 1977, see section 1901 of Pub. L. 95-
113, set out as an Effective Date of 1977 Amendment note under section 
1307 of this title.


          West Virginia State College, Institute, West Virginia

    Pub. L. 106-78, title I, Oct. 22, 1999, 113 Stat. 1141, provided in 
part that West Virginia State College in Institute, West Virginia: ``for 
fiscal year 2000 and thereafter shall be designated as an eligible 
institution under section 1444 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221)''.

                  Section Referred to in Other Sections

    This section is referred to in section 3222d of this title; title 40 
section 483.
