
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC3222]

 
                          TITLE 7--AGRICULTURE
 
       CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
 
             SUBCHAPTER VI--1890 LAND-GRANT COLLEGE FUNDING
 
Sec. 3222. Agricultural research 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 
research 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 referred to in this section 
as ``eligible institutions''). Beginning with the fiscal year ending 
September 30, 1979, there shall be appropriated under this section for 
each fiscal year an amount not less than 15 per centum of the total 
appropriations for such year under section 361c of this title: Provided, 
That the amount appropriated for the fiscal year ending September 30, 
1979, shall not be less than the amount made available in the fiscal 
year ending September 30, 1978, to such eligible institutions under the 
Act of August 4, 1965 (79 Stat. 431, 7 U.S.C. 450i). Funds appropriated 
under this section shall be used for expenses of conducting agricultural 
research, printing, disseminating the results of such research, 
contributing to the retirement of employees subject to the provisions of 
section 331 of this title, administrative planning and direction, and 
purchase and rental of land and the construction, acquisition, 
alteration, or repair of buildings necessary for conducting agricultural 
research. The eligible institutions are authorized to plan and conduct 
agricultural research in cooperation with each other and such agencies, 
institutions, and individuals as may contribute to the solution of 
agricultural problems, and moneys appropriated pursuant to this section 
shall be available for paying the necessary expenses of planning, 
coordinating, and conducting such cooperative research. No more than 5 
percent of the funds received by an institution in any fiscal year, 
under this section, 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, the funds 
appropriated in each fiscal year under this section shall be distributed 
as follows:
        (1) Three per centum shall be available to the Secretary for 
    administration of this section. 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.
        (2) The remainder shall be allotted among the eligible 
    institutions as follows:
            (A) Funds up to the total amount made available to all 
        eligible institutions in the fiscal year ending September 30, 
        1978, under section 450i of this title, shall be allocated among 
        the eligible institutions in the same proportion as funds made 
        available under section 450i of this title, for the fiscal year 
        ending September 30, 1978, are allocated among the eligible 
        institutions.
            (B) Of funds in excess of the amount allocated under 
        subparagraph (A) of this paragraph, 20 per centum shall be 
        allotted among 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 this 
    subparagraph, the allotments to Tuskegee University and Alabama 
    Agricultural and Mechanical University shall be determined as if 
    each institution were in a separate State.

(c) Program and plans of work

     (1) Initial comprehensive program of agricultural research

        The director of the State agricultural experiment station in 
    each State where an eligible institution is located and the research 
    director specified in subsection (d) of this section in each of the 
    eligible institutions in such State shall jointly develop, by mutual 
    agreement, a comprehensive program of agricultural research in such 
    State, to be submitted for approval by the Secretary within one year 
    after September 29, 1977.

                      (2) Plan of work required

        Before funds may be provided to an eligible institution under 
    this section for any fiscal year, a plan of work to be carried out 
    under this section shall be submitted by the research director 
    specified in subsection (d) of this section and shall be approved by 
    the Secretary.

              (3) Requirements related to plan of work

        Each plan of work required under paragraph (2) 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 research 
        programs and projects targeted to address the issues.
            (B) The process established to consult with users of 
        agricultural research regarding the identification of critical 
        agricultural issues in the State and the development of research 
        programs and projects targeted to address the issues.
            (C) 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.
            (D) The current and emerging efforts to work with those 
        other institutions to build on each other's experience and take 
        advantage of each institution's unique capacities.
            (E) 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.

                       (4) Research protocols

        (A) In general

            The Secretary shall develop protocols to be used to evaluate 
        the success of multistate, multi-institutional, and 
        multidisciplinary research activities and joint research and 
        extension activities in addressing critical agricultural issues 
        identified in the plans of work submitted under paragraph (2).

        (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 paragraph (2) to satisfy other 
    appropriate Federal reporting requirements.

(d) Payment of funds to eligible institutions

    Sums available for allotment to the eligible institutions under the 
terms of this section shall be paid to such institutions in equal 
quarterly payments beginning on or about the first day of October of 
each year upon vouchers approved by the Secretary. The President of each 
eligible institution shall appoint a research director who shall be 
responsible for administration of the program authorized herein. Each 
eligible institution shall designate a treasurer or other officer who 
shall receive and account for all funds allotted to such institution 
under the provisions of this section and shall report, with the approval 
of the research director, to the Secretary on or before the first day of 
December of each year a detailed statement of the amount received under 
the provisions of this section during the preceding fiscal year and its 
disbursement on schedules prescribed by the Secretary. If any portion of 
the allotted moneys received by any eligible institution shall by any 
action or contingency be diminished, lost, or misapplied, it shall be 
replaced by such institution and until so replaced no subsequent 
appropriation shall be allotted or paid to such institution. Funds made 
available to eligible institutions shall not be used for payment of 
negotiated overhead or indirect cost rates.

(e) Mailing of bulletins, reports, periodicals, reprints, articles, and 
        other publications

    Bulletins, reports, periodicals, reprints or articles, and other 
publications necessary for the dissemination of results of the research 
and experiments funded under this section, including lists of 
publications available for distribution by the eligible institutions, 
shall be transmitted in the mails of the United States under penalty 
indicia: Provided, That each publication 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 publications may be mailed from the principal place of business of 
each eligible institution or from an established subunit of such 
institution.

(f) Administration; rules and regulations; cooperation by and between 
        institutions

    The Secretary shall be responsible for the proper administration of 
this section, and is authorized and directed to prescribe such rules and 
regulations as may be necessary to carry out its provisions. It shall be 
the duty of the Secretary to furnish such advice and assistance as will 
best promote the purposes of this section, including participation in 
coordination of research initiated under this section by the eligible 
institutions, from time to time to indicate such lines of inquiry as to 
the Secretary seem most important, and to encourage and assist in the 
establishment and maintenance of cooperation by and between the several 
eligible institutions, the State agricultural experiment stations, and 
between them and the Department of Agriculture.

(g) Entitlement

    On or before 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 
appropriations under this section and the amount which thereupon each is 
entitled, respectively, to receive.

(h) Existing legal relationships not impaired or modified

    Nothing in this section shall be construed to impair or modify the 
legal relationship existing between any of the eligible institutions and 
the government of the States in which they are respectively located.

(Pub. L. 95-113, title XIV, Sec. 1445, Sept. 29, 1977, 91 Stat. 1009; 
Pub. L. 95-547, Oct. 28, 1978, 92 Stat. 2063; Pub. L. 97-98, title XIV, 
Sec. 1432(a), Dec. 22, 1981, 95 Stat. 1311; Pub. L. 99-198, title XIV, 
Sec. 1417, Dec. 23, 1985, 99 Stat. 1550; Pub. L. 105-185, title I, 
Sec. 103(f)(3)(B), title II, Secs. 225(b), 226(b), (c)(3), June 23, 
1998, 112 Stat. 528, 541, 543; Pub. L. 105-362, title I, Sec. 101(e), 
Nov. 10, 1998, 112 Stat. 3281.)

                       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 August 4, 1965 (79 Stat. 431, 7 U.S.C. 450i), referred to in 
subsec. (a), is Pub. L. 89-106, Aug. 4, 1965, 79 Stat. 431, which 
enacted sections 450i, 2250a, 2262, and 2263 of this title, amended 
sections 1704, 1762, 1884, and 2235 of this title, and repealed section 
608f of this title. For complete classification of this Act to the Code, 
see Tables.


                               Amendments

    1998--Pub. L. 105-185, Sec. 226(c)(3)(A), substituted ``University'' 
for ``Institute'' in section catchline.
    Subsec. (a). Pub. L. 105-185, Sec. 226(c)(3)(B), substituted 
``Tuskegee University'' for ``Tuskegee Institute'' in first sentence.
    Subsec. (b)(2). Pub. L. 105-185, Sec. 226(c)(3)(B), which directed 
substitution of ``Tuskegee University'' for ``Tuskegee Institute'' in 
subpar. (B), was executed to concluding provisions following subpar. (B) 
to reflect probable intent of Congress.
    Subsec. (c). Pub. L. 105-185, Sec. 225(b), inserted subsec. heading, 
designated existing provisions as par. (1) and inserted par. heading, 
and added pars. (2) to (5).
    Subsec. (g). Pub. L. 105-362, Sec. 101(e)(1), struck out ``(1)'' 
before ``On or before''.
    Subsec. (g)(2). Pub. L. 105-362, Sec. 101(e)(2), struck out par. (2) 
which read as follows: ``The Secretary shall make an annual report to 
Congress during the first regular session of each year of the receipts 
and expenditures and work of the eligible institutions under the 
provisions of this section and also whether any portion of the 
appropriation available for allotment to any institution has been 
withheld and if so the reasons therefor.''
    Pub. L. 105-185, Sec. 226(b) redesignated par. (4) as (2) and struck 
out former par. (2) which read as follows: ``If it appears to the 
Secretary from the annual statement of receipts and expenditures of 
funds by any eligible institution that an amount in excess of 5 percent 
of the preceding annual appropriation allotted to that institution under 
this section remains unexpended, such amount in excess of 5 percent of 
the preceding annual appropriation allotted to that institution shall be 
deducted from the next succeeding annual allotment to the institution.''
    Subsec. (g)(3). Pub. L. 105-185, Sec. 103(f)(3)(B), struck out par. 
(3) which read as follows: ``If the Secretary withholds from any 
eligible institution any portion of the appropriations available for 
allotment, the facts and reasons therefor shall be reported to the 
President and the amount involved shall be kept separate in the Treasury 
until the close of the next Congress. If the next Congress does not 
direct such sum to be paid, it shall be carried to surplus.''
    Subsec. (g)(4). Pub. L. 105-185, Sec. 226(b)(2), redesignated par. 
(4) as (2).
    1985--Subsec. (a). Pub. L. 99-198, Sec. 1417(a), provided that not 
more than 5 percent of the funds received by an institution in any 
fiscal year, under this section, may be carried forward to the 
succeeding fiscal year.
    Subsec. (g)(2). Pub. L. 99-198, Sec. 1417(b), in amending par. (2) 
generally, substituted ``If it appears'' for ``Whenever it shall 
appear'' before ``to the Secretary'' and ``that an amount in excess of 5 
percent'' for ``that any portion'' before ``of the preceding annual 
appropriation'' and inserted ``in excess of 5 percent of the preceding 
annual appropriation allotted to that institution'' before ``shall be 
deducted''.
    1981--Subsec. (b)(1). Pub. L. 97-98, Sec. 1432(a)(1), inserted 
provision authorizing use of administrative funds for transportation of 
scientists to research meetings convened for purpose of assessing 
research opportunities or research planning.
    Subsec. (b)(2)(B). Pub. L. 97-98, Sec. 1432(a)(2), inserted 
``current at the time each such additional sum is first appropriated'' 
after ``the last preceding decennial census'' in two places.
    Subsecs. (c), (d). Pub. L. 97-98, Sec. 1432(a)(3), substituted 
``research director'' for ``chief administrative officer'' wherever 
appearing.
    1978--Subsec. (b)(2)(A). Pub. L. 95-547 substituted provisions 
relating to allocation of funds among eligible institutions in same 
proportion as funds made available under section 450i of this title, for 
fiscal year ending Sept. 30, 1978, are allocated among eligible 
institutions for provisions relating to allocation of $100,000 to each 
eligible institution.
    Subsec. (b)(2)(B). Pub. L. 95-547 substituted provisions relating to 
allocation among eligible institutions of 20 per centum of the excess 
funds in equal proportions, 40 per centum in proportion that the rural 
population of the State in which each eligible institution is located 
bears to total rural population of all States in which such institutions 
are located, and balance in proportion that farm population of State in 
which each eligible institution is located bears to total farm 
population of all States in which such institutions are located for 
provisions relating to allocation among eligible institutions of one-
half of remaining funds in an amount which bore same ratio to total 
amount to be allocated as rural population of State in which eligible 
institution was located bore to total rural population of all States in 
which such institutions were located, and one-half in an amount which 
bore same ratio to total amount to be allocated as farm population of 
State in which eligible institution was located bore to total farm 
population of all States in which such institutions were located.


                    Effective Date of 1998 Amendment

    Amendment by section 225(b) of Pub. L. 105-185 effective Oct. 1, 
1999, see section 225(c) of Pub. L. 105-185, set out as a note under 
section 3221 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.


          West Virginia State College, Institute, West Virginia

    Pub. L. 106-78, title I, Oct. 22, 1999, 113 Stat. 1140, 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 1445 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222)''.


                  Grant for Dairy Goat Research Program

    Section 1432(b) of Pub. L. 97-98, as amended by Pub. L. 99-198, 
title XIV, Sec. 1432, Dec. 23, 1985, 99 Stat. 1557; Pub. L. 101-624, 
title XVI, Sec. 1601(c), Nov. 28, 1990, 104 Stat. 3703; Pub. L. 104-127, 
title VIII, Sec. 887, Apr. 4, 1996, 110 Stat. 1180, authorized grant for 
dairy goat research, described uses for grant and times of payment, and 
authorized appropriations for fiscal years 1991 through 1997, prior to 
repeal by Pub. L. 105-185, title III, Sec. 302(b), June 23, 1998, 112 
Stat. 563.

                  Section Referred to in Other Sections

    This section is referred to in sections 450i, 3222d of this title; 
title 40 section 483.
