
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: 7USC3222d]

 
                          TITLE 7--AGRICULTURE
 
       CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
 
             SUBCHAPTER VI--1890 LAND-GRANT COLLEGE FUNDING
 
Sec. 3222d. Matching funds requirement for research and 
        extension activities at eligible institutions
        

(a) Definitions

    In this section:

                      (1) Eligible institution

        The term ``eligible institution'' means a college eligible to 
    receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et 
    seq.) (commonly known as the ``Second Morrill Act''), including 
    Tuskegee University.

                          (2) Formula funds

        The term ``formula funds'' means the formula allocation funds 
    distributed to eligible institutions under sections 3221 and 3222 of 
    this title.

(b) Determination of non-Federal sources of funds

    Not later than September 30, 1999, each eligible institution shall 
submit to the Secretary a report describing for fiscal year 1999--
        (1) the sources of non-Federal funds made available by the State 
    to the eligible institution for agricultural research, extension, 
    and education to meet the requirements of this section; and
        (2) the amount of such funds generally available from each 
    source.

(c) Matching formula

    Notwithstanding any other provision of this subchapter, the 
distribution of formula funds to an eligible institution shall be 
subject to the following matching requirements:
        (1) For fiscal year 2000, the State shall provide matching funds 
    from non-Federal sources in an amount equal to not less than 30 
    percent of the formula funds to be distributed to the eligible 
    institution.
        (2) For fiscal year 2001, the State shall provide matching funds 
    from non-Federal sources in an amount equal to not less than 45 
    percent of the formula funds to be distributed to the eligible 
    institution.
        (3) For fiscal year 2002 and each fiscal year thereafter, the 
    State shall provide matching funds from non-Federal sources in an 
    amount equal to not less than 50 percent of the formula funds to be 
    distributed to the eligible institution.

(d) Limited waiver authority

                        (1) Fiscal year 2000

        Notwithstanding subsection (f) of this section, the Secretary 
    may waive the matching funds requirement under subsection (c)(1) of 
    this section for fiscal year 2000 for an eligible institution of a 
    State if the Secretary determines that, based on the report received 
    under subsection (b) of this section, the State will be unlikely to 
    satisfy the matching requirement.

                       (2) Future fiscal years

        The Secretary may not waive the matching requirement under 
    subsection (c) of this section for any fiscal year other than fiscal 
    year 2000.

(e) Use of matching funds

    Under terms and conditions established by the Secretary, matching 
funds provided as required by subsection (c) of this section may be used 
by an eligible institution for agricultural research, extension, and 
education activities.

(f) Redistribution of funds

                     (1) Redistribution required

        Federal funds that are not matched by a State in accordance with 
    subsection (c) of this section for a fiscal year shall be 
    redistributed by the Secretary to eligible institutions whose States 
    have satisfied the matching funds requirement for that fiscal year.

                         (2) Administration

        Any redistribution of funds under this subsection shall be 
    subject to the applicable matching requirement specified in 
    subsection (c) of this section and shall be made in a manner 
    consistent with sections 3221 and 3222 of this title, as determined 
    by the Secretary.

(Pub. L. 95-113, title XIV, Sec. 1449, as added Pub. L. 105-185, title 
II, Sec. 226(a), June 23, 1998, 112 Stat. 542.)

                       References in Text

    Act of August 30, 1890, referred to in subsec. (a)(1), is act Aug. 
30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known as the 
Agricultural College Act of 1890 and also as the Second Morrill Act, 
which 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 343, 361c of this title.
