
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: 7USC390a]

 
                          TITLE 7--AGRICULTURE
 
              CHAPTER 14--AGRICULTURAL EXPERIMENT STATIONS
 
                   SUBCHAPTER III--RESEARCH FACILITIES
 
Sec. 390a. Review process


(a) Submission to Secretary

    Each proposal for an agricultural research facility shall be 
submitted to the Secretary for review. The Secretary shall review the 
proposals in the order in which the proposals are received.

(b) Application process

    In consultation with the congressional agriculture committees, the 
Secretary shall establish an application process for the submission of 
proposals for agricultural research facilities.

(c) Criteria for approval

                   (1) Determination by Secretary

        With respect to each proposal for an agricultural research 
    facility submitted under subsection (a) of this section, the 
    Secretary shall determine whether the proposal meets the criteria 
    set forth in paragraph (2).

                            (2) Criteria

        A proposal for an agricultural research facility shall meet the 
    following criteria:

        (A) Non-Federal share

            The proposal shall certify the availability of at least a 50 
        percent non-Federal share of the cost of the facility. The non-
        Federal share shall be paid in cash and may include funding from 
        private sources or from units of State or local government.

        (B) Nonduplication of facilities

            The proposal shall demonstrate how the agricultural research 
        facility would be complementary to, and not duplicative of, 
        facilities of colleges, universities, and nonprofit 
        institutions, and facilities of the Agricultural Research 
        Service, within the State and region.

        (C) National research priorities

            The proposal shall demonstrate how the agricultural research 
        facility would serve--
                (i) 1 or more of the national research policies and 
            priorities set forth in section 3101 of this title; and
                (ii) national or multistate needs.

        (D) Long-term support

            The proposal shall demonstrate that the recipient college, 
        university, or nonprofit institution has the ability and 
        commitment to support the long-term, ongoing operating costs 
        of--
                (i) the agricultural research facility after the 
            facility is completed; and
                (ii) each program to be based at the facility.

(d) Evaluation of proposals

    Not later than 90 days after receiving a proposal under subsection 
(a) of this section, the Secretary shall--
        (1) evaluate and assess the merits of the proposal, including 
    the extent to which the proposal meets the criteria set forth in 
    subsection (c) of this section; and
        (2) report to the congressional agriculture committees on the 
    results of the evaluation and assessment.

(e) National or multistate needs served by ARS facilities

    The Secretary shall ensure that each research activity conducted by 
a facility of the Agricultural Research Service serves a national or 
multistate need.

(Pub. L. 88-74, Sec. 3, as added Pub. L. 104-127, title VIII, 
Sec. 884(a), Apr. 4, 1996, 110 Stat. 1177; amended Pub. L. 105-185, 
title I, Sec. 106(a), (b), June 23, 1998, 112 Stat. 530.)


                            Prior Provisions

    A prior section 390a, Pub. L. 88-74, Sec. 2, July 22, 1963, 77 Stat. 
90; Pub. L. 95-113, title XIV, Sec. 1416(3), Sept. 29, 1977, 91 Stat. 
996; Pub. L. 99-198, title XIV, Sec. 1411(b), Dec. 23, 1985, 99 Stat. 
1547, related to congressional declaration of purpose, prior to the 
general amendment of this subchapter by Pub. L. 104-127.
    A prior section 3 of Pub. L. 88-74 was classified to section 390b of 
this title prior to the general amendment of this subchapter by Pub. L. 
104-127.


                               Amendments

    1998--Subsec. (c)(2)(C)(ii). Pub. L. 105-185, Sec. 106(a), 
substituted ``national or multistate needs'' for ``regional needs''.
    Subsec. (e). Pub. L. 105-185, Sec. 106(b), added subsec. (e).
