
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: 7USC343]

 
                          TITLE 7--AGRICULTURE
 
            CHAPTER 13--AGRICULTURAL AND MECHANICAL COLLEGES
 
        SUBCHAPTER IV--AGRICULTURAL EXTENSION WORK APPROPRIATION
 
Sec. 343. Appropriations; distribution; allotment and 
        apportionment; Secretary of Agriculture; matching funds; 
        cooperative extension activities
        
    (a) There are authorized to be appropriated for the purposes of this 
subchapter such sums as Congress may from time to time determine to be 
necessary.
    (b)(1) Out of such sums, each State and the Secretary of Agriculture 
shall be entitled to receive annually a sum of money equal to the sums 
available from Federal cooperative extension funds for the fiscal year 
1962, and subject to the same requirements as to furnishing of 
equivalent sums by the State, except that amounts heretofore made 
available to the Secretary for allotment on the basis of special needs 
shall continue available for use on the same basis.
    (2) There is authorized to be appropriated for the fiscal year 
ending June 30, 1971, and for each fiscal year thereafter, for payment 
to the Virgin Islands, Guam, and the Northern Mariana Islands, $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 this subchapter, the amount available and budgeted 
for expenditure by the Virgin Islands and Guam for the purposes of this 
subchapter.
    (3) There are authorized to be appropriated for the fiscal year 
ending June 30, 1996, and for each fiscal year thereafter, for payment 
on behalf of the 1994 Institutions (as defined in section 532 of the 
Equity in Educational Land-Grant Status Act of 1994), $5,000,000 for the 
purposes set forth in section 342 of this title. Such sums shall be in 
addition to the sums appropriated for the several States and Puerto 
Rico, the Virgin Islands, and Guam under the provisions of this section. 
Such sums shall be distributed on the basis of a competitive application 
process to be developed and implemented by the Secretary and paid by the 
Secretary to 1994 Institutions (in accordance with regulations that the 
Secretary may promulgate) and may be administered by the 1994 
Institutions through cooperative agreements with colleges and 
universities eligible to receive funds under subchapters I and II of 
this chapter, including Tuskegee University, located in any State.
    (c) Any sums made available by the Congress for further development 
of cooperative extension work in addition to those referred to in 
subsection (b) of this section shall be distributed as follows:
        (1) Four per centum of the sum so appropriated for each fiscal 
    year shall be allotted to the Secretary of Agriculture for 
    administrative, technical, and other services, and for coordinating 
    the extension work of the Department and the several States, 
    Territories, and possessions.
        (2) Of the remainder so appropriated for each fiscal year 20 per 
    centum shall be paid to the several States in equal proportions, 40 
    per centum shall be paid to the several States in the proportion 
    that the rural population of each bears to the total rural 
    population of the several States as determined by the census, and 
    the balance shall be paid to the several States in the proportion 
    that the farm population of each bears to the total farm population 
    of the several States as determined by the census. Any appropriation 
    made hereunder shall be allotted in the first and succeeding years 
    on the basis of the decennial census current at the time such 
    appropriation is first made, and as to any increase, on the basis of 
    decennial census current at the time such increase is first 
    appropriated.

    (d) The Secretary of Agriculture shall receive such additional 
amounts as Congress shall determine for administration, technical, and 
other services and for coordinating the extension work of the Department 
and the several States, Territories, and possessions. A college or 
university eligible to receive funds under subchapter II of this 
chapter, including Tuskegee University, may apply for and receive 
directly from the Secretary of Agriculture--
        (1) amounts made available under this subsection after September 
    30, 1995, to carry out programs or initiatives for which no funds 
    were made available under this subsection for fiscal year 1995, or 
    any previous fiscal year, as determined by the Secretary; and
        (2) amounts made available after September 30, 1995, to carry 
    out programs or initiatives funded under this subsection prior to 
    that date that are in excess of the highest amount made available 
    for the programs or initiatives under this subsection for fiscal 
    year 1995, or any previous fiscal year, as determined by the 
    Secretary.

    (e) Matching Funds.--
        (1) Requirement.--Except as provided in paragraph (4) and 
    subsection (f) of this section, 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 
    cooperative extension work.
        (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) Territories.--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.

    (f) Matching Funds Exception for 1994 Institutions.--There shall be 
no matching requirement for funds made available to a 1994 Institution 
pursuant to subsection (b)(3) of this section.
    (g)(1) The Secretary of Agriculture may conduct educational, 
instructional, demonstration, and publication distribution programs and 
enter into cooperative agreements with private nonprofit and profit 
organizations and individuals to share the cost of such programs through 
contributions from private sources as provided in this subsection.
    (2) The Secretary may receive contributions under this subsection 
from private sources for the purposes described in paragraph (1) and 
provide matching funds in an amount not greater than 50 percent of such 
contributions.
    (h) Multistate Cooperative Extension Activities.--
        (1) In general.--Not less than the applicable percentage 
    specified under paragraph (2) of the amounts that are paid to a 
    State under subsections (b) and (c) of this section during a fiscal 
    year shall be expended by States for cooperative extension 
    activities in which 2 or more States cooperate to solve problems 
    that concern more than 1 State (referred to in this subsection as 
    ``multistate 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 subsections (b) and (c) of this section, the 
        Secretary of Agriculture shall determine the percentage that the 
        State expended for multistate 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 subsections (b) 
        and (c) of this section, the State shall expend for the fiscal 
        year for multistate 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 may reduce the 
        minimum percentage required to be expended for multistate 
        activities under subparagraph (B) by a State 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 344 of this title 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.

    (i) Merit Review.--
        (1) Review required.--Effective October 1, 1999, extension 
    activity carried out under subsection (h) of this section shall be 
    subject to merit review.
        (2) Other requirements.--An extension activity for which merit 
    review is conducted under paragraph (1) shall be considered to have 
    satisfied the requirements for review under section 7613 of this 
    title.

    (j) Integration of Research and Extension.--Section 361c(i) of this 
title shall apply to amounts made available to carry out this 
subchapter.

(May 8, 1914, ch. 79, Sec. 3, 38 Stat. 373; June 26, 1953, ch. 157, 
Sec. 1, 67 Stat. 84; Pub. L. 87-749, Sec. 1(b)-(e), Oct. 5, 1962, 76 
Stat. 745; Pub. L. 92-318, title V, Sec. 506(g), June 23, 1972, 86 Stat. 
351; Pub. L. 95-113, title XIV, Sec. 1465, Sept. 29, 1977, 91 Stat. 
1018; Pub. L. 99-198, title XIV, Sec. 1435(b), Dec. 23, 1985, 99 Stat. 
1557; Pub. L. 99-396, Sec. 9(e), Aug. 27, 1986, 100 Stat. 840; Pub. L. 
103-382, title V, Sec. 534(b), Oct. 20, 1994, 108 Stat. 4050; Pub. L. 
104-127, title VIII, Sec. 883(a), Apr. 4, 1996, 110 Stat. 1176; Pub. L. 
105-185, title I, Sec. 105, title II, Secs. 201, 203(b), (c)(2), 204(b), 
June 23, 1998, 112 Stat. 529, 531, 534, 536; Pub. L. 105-277, div. A, 
Sec. 101(a) [title VII, Sec. 753(e)], Oct. 21, 1998, 112 Stat. 2681, 
2681-33.)

                       References in Text

    Section 532 of the Equity in Educational Land-Grant Status Act of 
1994, referred to in subsec. (b)(3), is section 532 of Pub. L. 103-382, 
which is set out as a note under section 301 of this title.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-185, Sec. 203(c)(2)(A), 
substituted ``Secretary of Agriculture'' for ``Federal Extension 
Service''.
    Subsec. (b)(3). Pub. L. 105-185, Sec. 201, substituted ``1994 
Institutions (in accordance with regulations that the Secretary may 
promulgate) and may be administered by the 1994 Institutions through 
cooperative agreements with colleges and universities eligible to 
receive funds under subchapters I and II of this chapter, including 
Tuskegee University, located in any State.'' for ``State institutions 
established in accordance with the provisions of subchapter I of this 
chapter (other than 1994 Institutions) and administered by such 
institutions through cooperative agreements with 1994 Institutions in 
the States of the 1994 Institutions in accordance with regulations that 
the Secretary shall adopt.''
    Subsec. (c)(1). Pub. L. 105-185, Sec. 203(b)(1)(A), (c)(2)(A), 
redesignated par. 1 as (1) and substituted ``Secretary of Agriculture'' 
for ``Federal Extension Service''.
    Subsec. (c)(2). Pub. L. 105-185, Sec. 203(b)(1), redesignated par. 2 
as (2) and substituted ``census. Any'' for ``census: Provided, That 
payments out of the additional appropriations for further development of 
extension work authorized herein may be made subject to the making 
available of such sums of public funds by the States from non-Federal 
funds for the maintenance of cooperative agricultural extension work 
provided for in this subchapter, as may be provided by the Congress at 
the time such additional appropriations are made: Provided further, That 
any''.
    Subsec. (d). Pub. L. 105-185, Sec. 203(c)(2)(A), substituted 
``Secretary of Agriculture'' for ``Federal Extension Service''.
    Subsec. (e). Pub. L. 105-185, Sec. 203(b)(2), added subsec. (e) and 
struck out former subsec. (e) which read as follows: ``Insofar as the 
provisions of subsections (b) and (c) of this section, which require or 
permit Congress to require matching of Federal funds, apply to the 
Virgin Islands of the United States and Guam, such provisions shall be 
deemed to have been satisfied, for the fiscal years ending September 30, 
1978, and September 30, 1979, only, if the amounts budgeted and 
available for expenditure by the Virgin Islands of the United States and 
Guam in such years equal the amounts budgeted and available for 
expenditure by the Virgin Islands of the United States and Guam in the 
fiscal year ending September 30, 1977.''
    Subsec. (e)(1). Pub. L. 105-277, Sec. 101(a) [title VII, 
Sec. 753(e)(1)], inserted ``paragraph (4) and'' after ``provided in''.
    Subsec. (e)(4). Pub. L. 105-277, Sec. 101(a) [title VII, 
Sec. 753(e)(2)], added par. (4).
    Subsec. (f). Pub. L. 105-185, Sec. 203(b)(2), added subsec. (f) and 
struck out former subsec. (f) which read as follows: ``There shall be no 
matching requirement for funds made available pursuant to subsection 
(b)(3) of this section.''
    Subsec. (g)(1). Pub. L. 105-185, Sec. 203(c)(2)(B), struck out 
``through the Federal Extension Service'' after ``distribution 
programs''.
    Subsecs. (h), (i). Pub. L. 105-185, Sec. 105, added subsecs. (h) and 
(i).
    Subsec. (j). Pub. L. 105-185, Sec. 204(b), added subsec. (j).
    1996--Subsec. (d). Pub. L. 104-127 inserted at end ``A college or 
university eligible to receive funds under subchapter II of this 
chapter, including Tuskegee University, may apply for and receive 
directly from the Secretary of Agriculture--'' and added pars. (1) and 
(2).
    1994--Subsec. (b)(3). Pub. L. 103-382, Sec. 534(b)(1), added par. 
(3).
    Subsecs. (f), (g). Pub. L. 103-382, Sec. 534(2), (3), added subsec. 
(f) and redesignated former subsec. (f) as (g).
    1986--Subsec. (b)(2). Pub. L. 99-396 substituted ``Guam, and the 
Northern Mariana Islands'' for ``and Guam'' in provision authorizing an 
appropriation each fiscal year for the payment of $100,000 in addition 
to the sums appropriated for the States and Puerto Rico.
    1985--Subsec. (f). Pub. L. 99-198 added subsec. (f).
    1977--Subsec. (e). Pub. L. 95-113 added subsec. (e).
    1972--Subsec. (b). Pub. L. 92-318 designated existing provisions as 
par. (1) and added par. (2).
    1962--Subsec. (b). Pub. L. 87-749, Sec. 1(b), substituted ``sums 
available'' for ``sums received'', and ``1962'' for ``1953'', and struck 
out ``, Alaska, Hawaii, Puerto Rico,'' before ``and the Federal 
Extension Service'', ``such sums shall be'' before ``subject to the same 
requirement'', ``, Alaska, Hawaii, and Puerto Rico as existed 
immediately prior to June 26, 1953'' before ``except that amounts 
heretofore'', and proviso which authorized Puerto Rico to receive the 
total initial amount set by Act Oct. 26, 1949, which amount was to be 
increased yearly until the total sum equalled the maximum amount set by 
such Act, and to receive such amount annually thereafter.
    Subsec. (c)1. Pub. L. 87-749, Sec. 1(c), provided that the allotment 
shall be to the Federal Extension Service for various services and for 
coordinating the extension work of the Department, States, Territories 
and Possessions, and struck out provisions which required the Secretary 
to allot the funds among the States, Alaska, Hawaii, and Puerto Rico 
according to special needs.
    Subsec. (c)2. Pub. L. 87-749, Sec. 1(d), substituted provisions 
authorizing 20 per centum of the remainder of the appropriated funds to 
be paid to the States in equal proportions, 40 per centum of such funds 
to be paid to the States in the proportion that the rural population of 
each bears to the total rural population of the States, and the balance 
to be paid the States in the proportion that the farm population of each 
bears to the total farm population of the States, for provisions paying 
50 per centum of the remaining sum to the States, Alaska, Hawaii and 
Puerto Rico in the proportion that the rural population of each had to 
the total rural population of all, and the balance in the proportion 
that the farm population of each had to the farm population of all, and 
struck out ``, Alaska, Hawaii, and Puerto Rico'' from first proviso.
    Subsec. (d). Pub. L. 87-749, Sec. 1(e), inserted ``additional'' 
after ``receive such''.
    1953--Act June 26, 1953, amended section generally, and, among other 
changes: (1) divided section into subsections; (2) substituted general 
authorization for appropriations for former authorization for specific 
annual appropriations; (3) inserted references to Alaska, Hawaii, and 
Puerto Rico; and (4) substituted provisions relating to allotment and 
apportionment of appropriations for former provisions for such 
apportionment on basis of rural population, and farm population, as 
determined by latest census.


                    Effective Date of 1998 Amendment

    Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 753(f)], Oct. 
21, 1998, 112 Stat. 2681, 2681-33, provided that: ``The amendments made 
by this section [amending this section, sections 361c, 2204f, 4606, and 
7621 of this title, and section 1642 of Title 16, Conservation] shall 
take effect on the date of enactment of the Agricultural Research, 
Extension, and Education Reform Act of 1998 [June 23, 1998].''


                    Effective Date of 1985 Amendment

    Section 1435(d) of Pub. L. 99-198 provided that: ``This section and 
the amendments made by this section [amending this section and section 
342 of this title] shall become effective on October 1, 1985.''


                    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 361c, 2020, 3175, 3221 of 
this title.
