
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: 7USC361c]

 
                          TITLE 7--AGRICULTURE
 
              CHAPTER 14--AGRICULTURAL EXPERIMENT STATIONS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 361c. Authorization of appropriations and allotments of 
        grants
        

(a) Authorization

    There are authorized to be appropriated for the purposes of sections 
361a to 361i of this title such sums as Congress may from time to time 
determine to be necessary.

(b) Allotments to States; authorization of appropriations for Virgin 
        Islands and Guam; limitation

    (1) Out of such sums each State shall be entitled to receive 
annually a sum of money equal to and subject to the same requirement as 
to use for marketing research projects as the sums received from Federal 
appropriations for State agricultural experiment stations for the fiscal 
year 1955, except that amounts heretofore made available from the fund 
known as the ``Regional research fund, Office of Experiment Stations'' 
shall continue to be available for the support of cooperative regional 
projects as defined in subsection (c)(3) of this section, and the said 
fund shall be designated ``Regional research fund, State agricultural 
experiment stations,'' and the Secretary of Agriculture shall be 
entitled to receive annually for the administration of sections 361a to 
361i of this title, a sum not less than that available for this purpose 
for the fiscal year ending June 30, 1955: Provided, That if the 
appropriations hereunder available for distribution in any fiscal year 
are less than those for the fiscal year 1955 the allotment to each State 
and the amounts for Federal administration and the regional research 
fund shall be reduced in proportion to the amount of such reduction.
    (2) There is authorized to be appropriated for the fiscal year 
ending June 30, 1973, and for each fiscal year thereafter, for payment 
to the Virgin Islands and Guam, $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 
sections 361a to 361i of this title, the amount available and budgeted 
for expenditure by the Virgin Islands and Guam for the purposes of such 
sections.

(c) Allotment of additional sums

    Any sums made available by the Congress in addition to those 
provided for in subsection (b) of this section for State agricultural 
experiment station work shall be distributed as follows:
        (1) Twenty per centum shall be allotted equally to each State;
        (2) Not less than 52 per centum of such sums shall be allotted 
    to each State, as follows: One-half in an amount which bears the 
    same ratio to the total amount to be allotted as the rural 
    population of the State bears to the total rural population of all 
    the States as determined by the last preceding decennial census 
    current at the time each such additional sum is first appropriated; 
    and one-half in an amount which bears the same ratio to the total 
    amount to be allotted as the farm population of the State bears to 
    the total farm population of all the States as determined by the 
    last preceding decennial census current at the time such additional 
    sum is first appropriated;
        (3) Not less than 25 percent shall be allotted to the States for 
    cooperative research employing multidisciplinary approaches in which 
    a State agricultural experiment station, working with another State 
    agricultural experiment station, the Agricultural Research Service, 
    or a college or university, cooperates to solve problems that 
    concern more than 1 State. The funds available under this paragraph, 
    together with the funds available under subsection (b) of this 
    section for a similar purpose, shall be designated as the 
    ``Multistate Research Fund, State Agricultural Experiment 
    Stations''.
        (4) Three per centum shall be available to the Secretary of 
    Agriculture for administration of sections 361a to 361i of this 
    title. 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.

(d) Matching funds

                           (1) Requirement

        Except as provided in paragraph (4), 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 agricultural research and for the establishment and maintenance 
    of facilities for the performance of the research.

                (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.

(e) ``Administration'' defined

    ``Administration'' as used in this section shall include 
participation in planning and coordinating cooperative regional research 
as defined in subsection (c)(3) of this section.

(f) Adjustment of payments

    In making payments to States, the Secretary of Agriculture is 
authorized to adjust any such payment to the nearest dollar.

(g) Reductions and reapportionments

    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.

(h) Peer review and plan of work

                           (1) Peer review

        Research carried out under subsection (c)(3) of this section 
    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.

                          (2) Plan of work

        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) of this section.

(i) Integration of research and extension

                           (1) In general

        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'').

                     (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 sections 361a to 361i of this title 
        and subsections (b) and (c) of section 343 of this title, the 
        Secretary of Agriculture shall determine the percentage that the 
        State expended for integrated 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 sections 
        361a to 361i of this title and subsections (b) and (c) of 
        section 343 of this title, the State shall expend for the fiscal 
        year for integrated 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 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.

        (D) Plan of work

            The State shall include in the plan of work of the State 
        required under section 361g of this title or section 344 of this 
        title, as applicable, 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.

               (4) Relationship to other requirements

        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.

(Mar. 2, 1887, ch. 314, Sec. 3, 24 Stat. 441; Aug. 11, 1955, ch. 790, 
Sec. 1, 69 Stat. 671; Pub. L. 92-318, title V, Sec. 506(l), June 23, 
1972, 86 Stat. 351; Pub. L. 95-113, title XIV, Sec. 1466, Sept. 29, 
1977, 91 Stat. 1018; Pub. L. 97-98, title XIV, Sec. 1442(a), Dec. 22, 
1981, 95 Stat. 1321; Pub. L. 101-624, title XVI, Sec. 1618(a), Nov. 28, 
1990, 104 Stat. 3733; Pub. L. 104-127, title VIII, Sec. 869, Apr. 4, 
1996, 110 Stat. 1175; Pub. L. 105-185, title I, Sec. 104, title II, 
Secs. 203(a), 204(a), June 23, 1998, 112 Stat. 529, 533, 535; Pub. L. 
105-277, div. A, Sec. 101(a) [title VII, Sec. 753(d)], Oct. 21, 1998, 
112 Stat. 2681, 2681-33.)

                       References in Text

    Act of July 2, 1862, referred to in subsec. (i)(1), is act July 2, 
1862, ch. 130, 12 Stat. 503, as amended, popularly known as the First 
Morrill Act, which is classified generally to subchapter I (Sec. 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.

                          Codification

    Section is based on first sentence of section 3 of act Mar. 2, 1887, 
which was formerly classified to section 368 of this title. See section 
361g of this title. The second sentence of said section 3 was reenacted 
in act Feb. 24, 1925, ch. 308, Sec. 3, 43 Stat. 971, and was classified 
to former section 366 of this title which was repealed by act Aug. 11, 
1955, ch. 790, Sec. 2, 69 Stat. 674.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-185, Sec. 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, Sec. 104(a)(1)(A), 
redesignated pars. 1 and 2 as (1) and (2), respectively.
    Subsec. (c)(3). Pub. L. 105-185, Sec. 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, Sec. 104(a)(1)(A), redesignated par. 3 as (3).
    Subsec. (c)(4), (5). Pub. L. 105-185, Sec. 104(a)(1)(A), 
redesignated par. 5 as (4).
    Subsec. (d). Pub. L. 105-185, Sec. 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, Sec. 101(a) [title VII, 
Sec. 753(d)(1)], substituted ``Except as provided in paragraph (4), no'' 
for ``No''.
    Subsec. (d)(4). Pub. L. 105-277, Sec. 101(a) [title VII, 
Sec. 753(d)(2)], added par. (4).
    Subsec. (e). Pub. L. 105-185, Sec. 104(b)(2), substituted 
``subsection (c)(3)'' for ``subsection (c)3''.
    Subsec. (h). Pub. L. 105-185, Sec. 104(a)(2), added subsec. (h).
    Subsec. (i). Pub. L. 105-185, Sec. 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, Sec. 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, Sec. 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.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-277 effective June 23, 1998, see section 
101(a) [title VII, Sec. 753(f)] of Pub. L. 105-277, set out as a note 
under section 343 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.


                    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 343, 3222 of this title.
