US (United States) Code. Title 7. Chapter 13: Agricultural and mechanical colleges

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

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-CITE-

7 USC CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

.

-HEAD-

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

-MISC1-

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

Sec.

301. Land grant aid of colleges.

302. Method of apportionment and selection; issuance of land scrip.

303. Management expenses paid by State.

304. Investment of proceeds of sale of land or scrip.

305. Conditions of grant.

306. Repealed.

307. Fees for locating land scrip.

308. Reports by State governors of sale of scrip.

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

321. Secretary of Agriculture to administer annual college-aid

appropriation.

322. Annual appropriation.

323. Racial discrimination by colleges restricted.

324. Time, manner, etc., of annual payments.

325. State to replace funds misapplied, etc.; restrictions on use

of funds; reports by colleges.

326. Ascertainment and certification of amounts due States;

certificates withheld from States; appeal to Congress.

326a. Annual appropriations for Puerto Rico, Virgin Islands,

American Samoa, Guam, Northern Mariana Islands, Federated States

of Micronesia, Republic of the Marshall Islands, and Republic of

Palau.

327. Repealed.

328. Power to amend, repeal, etc., reserved.

329. Additional appropriation for agricultural colleges.

SUBCHAPTER III - RETIREMENT OF EMPLOYEES

331. Retirement of land-grant college employees.

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

341. Cooperative extension work by colleges.

342. Cooperative agricultural extension work; cooperation with

Secretary of Agriculture.

343. Appropriations; distribution; allotment and apportionment;

Secretary of Agriculture; matching funds; cooperative extension

activities.

343a to 343g. Repealed or Transferred.

344. Ascertainment of entitlement of State to funds; time and

manner of payment; State reporting requirements; plans of work.

(a) Ascertainment of entitlement.

(b) Time and manner of payment; related reports.

(c) Requirements related to plan of work.

(d) Extension protocols.

(e) Treatment of plans of work for other purposes.

345. Replacement of diminished, lost or misapplied funds;

restrictions on use; reports of colleges.

346, 347. Repealed.

347a. Disadvantaged agricultural areas.

(a) Congressional findings.

(b) Appropriation.

(c) Assistance.

(d) Allocation of funds.

(e) Appropriation as additional; limitation on

amount.

348. Rules and regulations.

349. ''State'' defined.

-CITE-

7 USC SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

.

-HEAD-

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 322, 323, 329, 331,

341, 343, 361a, 361c, 1926, 2204c, 2662, 2663, 2664, 3103, 3123,

3124a, 3703, 7601 of this title; title 16 sections 551c, 582a-1,

1672; title 20 section 1060; title 22 section 2220a; title 42

sections 1788, 10303.

-CITE-

7 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-HEAD-

Sec. 301. Land grant aid of colleges

-STATUTE-

There is granted to the several States, for the purposes

hereinafter mentioned in this subchapter, an amount of public land,

to be apportioned to each State a quantity equal to thirty thousand

acres for each Senator and Representative in Congress to which the

States are respectively entitled by the apportionment under the

census of 1860: Provided, That no mineral lands shall be selected

or purchased under the provisions of said sections.

-SOURCE-

(July 2, 1862, ch. 130, Sec. 1, 12 Stat. 503.)

-COD-

CODIFICATION

Act July 2, 1862, with the exception of section 7, was not

incorporated into the Revised Statutes, probably because the grants

made thereby were regarded as executed, and the provisions

incidental thereto as temporary. By act Mar. 3, 1883, ch. 102, 22

Stat. 484, however, section 4 of the original act was amended to

read as set out under section 304 of this title.

-MISC3-

SHORT TITLE

Act July 2, 1862, as amended, which is classified to this

subchapter, is popularly known as the ''Morrill Act'' and also as

the ''First Morrill Act''.

EQUITY IN EDUCATIONAL LAND GRANT STATUS

Pub. L. 107-171, title VII, Sec. 7201(e), May 13, 2002, 116 Stat.

437, provided that: ''Not later than 1 year after the date of

enactment of this Act (May 13, 2002), the Secretary of Agriculture

shall submit a report containing recommended criteria for

designating additional 1994 Institutions (see section 532 of Pub.

L. 103-382, set out below) to the Committee on Agriculture of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate.''

Pub. L. 106-387, Sec. 1(a) (title I), Oct. 28, 2000, 114 Stat.

1549, 1549A-7, provided in part: ''That hereafter, any distribution

of the adjusted income from the Native American Institutions

Endowment Fund is authorized to be used for facility renovation,

repair, construction, and maintenance, in addition to other

authorized purposes.''

Pub. L. 103-382, title V, part C, Oct. 20, 1994, 108 Stat. 4048,

as amended by Pub. L. 104-127, title VIII, Sec. 882, Apr. 4, 1996,

110 Stat. 1175; Pub. L. 105-185, title II, Sec. 251, title III,

Sec. 301(g), June 23, 1998, 112 Stat. 557, 563; Pub. L. 105-332,

Sec. 3(d), Oct. 31, 1998, 112 Stat. 3126; Pub. L. 107-171, title

VII, Sec. 7126(f)-7128, 7201(a)-(d), May 13, 2002, 116 Stat.

435-437, provided that:

''SEC. 531. SHORT TITLE.

''This part may be cited as the 'Equity in Educational Land-Grant

Status Act of 1994'.

''SEC. 532. DEFINITION.

''As used in this part, the term '1994 Institutions' means any

one of the following colleges:

''(1) Bay Mills Community College.

''(2) Blackfeet Community College.

''(3) Cankdeska Cikana Community College.

''(4) College of Menominee Nation.

''(5) Crownpoint Institute of Technology.

''(6) D-Q University.

''(7) Dine College.

''(8) Chief Dull Knife Memorial College.

''(9) Fond du Lac Tribal and Community College.

''(10) Fort Belknap College.

''(11) Fort Berthold Community College.

''(12) Fort Peck Community College.

''(13) Haskell Indian Nations University.

''(14) Institute of American Indian and Alaska Native Culture

and Arts Development.

''(15) Lac Courte Oreilles Ojibwa Community College.

''(16) Leech Lake Tribal College.

''(17) Little Big Horn College.

''(18) Little Priest Tribal College.

''(19) Nebraska Indian Community College.

''(20) Northwest Indian College.

''(21) Oglala Lakota College.

''(22) Salish Kootenai College.

''(23) Sinte Gleska University.

''(24) Sisseton Wahpeton Community College.

''(25) Si Tanka/Huron University.

''(26) Sitting Bull College.

''(27) Southwestern Indian Polytechnic Institute.

''(28) Stone Child College.

''(29) Turtle Mountain Community College.

''(30) United Tribes Technical College.

''(31) White Earth Tribal and Community College.

''SEC. 533. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.

''(a) In General. -

''(1) Status of 1994 institutions. - Except as provided in

paragraph (2), 1994 Institutions shall be considered land-grant

colleges established for the benefit of agriculture and the

mechanic arts in accordance with the provisions of the Act of

July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly known

as the First Morrill Act).

''(2) 1994 institutions. - (A) 1994 Institutions shall not be

considered as land-grant colleges that are eligible to receive

funding under -

''(i) the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7

U.S.C. 361a et seq.);

''(ii) the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7

U.S.C. 343), except as provided under section 3(b)(3) of such

Act (7 U.S.C. 343(b)(3)) (as added by section 534(b)(1) of this

part); or

''(iii) the Act of August 30, 1890 (26 Stat. 417, chapter

841; 7 U.S.C. 321 et seq.) (commonly known as the Second

Morrill Act).

''(B) In lieu of receiving donations under the provisions of

the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.)

(commonly known as the First Morrill Act), relating to the

donations of public land or scrip for the endowment and

maintenance of colleges for the benefit of agriculture and the

mechanic arts, 1994 Institutions shall receive funding pursuant

to the authorization under subsection (b).

''(3) Accreditation. - To receive funding under sections 534,

535, and 536, a 1994 Institution shall certify to the Secretary

that the 1994 Institution -

''(A) is accredited by a nationally recognized accrediting

agency or association determined by the Secretary, in

consultation with the Secretary of Education, to be a reliable

authority regarding the quality of training offered; or

''(B) is making progress toward the accreditation, as

determined by the nationally recognized accrediting agency or

association.

''(b) Authorization of Appropriations. - There are authorized to

be appropriated such sums as are necessary to carry out this

section for each of fiscal years 1996 through 2007. Amounts

appropriated pursuant to this section shall be held and considered

to have been granted to 1994 Institutions to establish an endowment

pursuant to subsection (c).

''(c) Endowment. -

''(1) In general. - In accordance with this subsection, the

Secretary of the Treasury shall establish a 1994 Institutions

Endowment Fund (hereafter in this subsection referred to as the

'endowment fund'). The Secretary may enter into such agreements

as are necessary to carry out this subsection.

''(2) Deposit to the endowment fund. - The Secretary shall

deposit in the endowment fund any -

''(A) amounts made available by appropriations pursuant to

subsection (b) (hereafter in this subsection referred to as the

'endowment fund corpus'); and

''(B) interest earned on the endowment fund corpus.

''(3) Investments. - The Secretary shall invest the endowment

fund corpus and income in interest-bearing obligations of the

United States.

''(4) Withdrawals and expenditures. - The Secretary may not

make a withdrawal or expenditure from the endowment fund corpus.

On the termination of each fiscal year, the Secretary shall

withdraw the amount of the income from the endowment fund for the

fiscal year, and after making adjustments for the cost of

administering the endowment fund, distribute the adjusted income

as follows:

''(A) 60 percent of the adjusted income shall be distributed

among the 1994 Institutions on a pro rata basis. The

proportionate share of the adjusted income received by a 1994

Institution under this subparagraph shall be based on the

Indian student count (as defined in section 2(a) of the

Tribally Controlled College or University Assistance Act of

1978 (25 U.S.C. 1801(a))).

''(B) 40 percent of the adjusted income shall be distributed

in equal shares to the 1994 Institutions.

''(d) Memorandum of Agreement. - Not later than January 6, 1997,

the Secretary shall develop and implement a formal memorandum of

agreement with the 1994 Institutions to establish programs to

ensure that tribally controlled colleges and Native American

communities equitably participate in Department of Agriculture

employment, programs, services, and resources.

''SEC. 534. APPROPRIATIONS.

''(a) Authorization of Appropriations. -

''(1) In general. - For fiscal year 1996, and for each fiscal

year thereafter, there are authorized to be appropriated to the

Department of the Treasury an amount equal to -

''(A) $100,000; multiplied by

''(B) the number of 1994 Institutions.

''(2) Payments. - For each fiscal year, the Secretary of the

Treasury shall pay to the treasurer of each 1994 Institution an

amount equal to -

''(A) the total amount made available by appropriations

pursuant to paragraph (1); divided by

''(B) the number of 1994 Institutions.

''(3) Use of funds; requirements. - The amounts authorized to

be appropriated under this subsection shall be used in the same

manner as is prescribed for colleges under the Act of August 30,

1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.) (commonly

known as the Second Morrill Act), and, except as otherwise

provided in this subsection, the requirements of such Act shall

apply to 1994 Institutions.

''(b) Funding. - (Amended section 343 of this title.)

''SEC. 535. INSTITUTIONAL CAPACITY BUILDING GRANTS.

''(a) Definitions. - As used in this section:

''(1) Federal share. - The term 'Federal share' means, with

respect to a grant awarded under subsection (b), the share of the

grant that is provided from Federal funds.

''(2) Non-federal share. - The term 'non-Federal share' means,

with respect to a grant awarded under subsection (b), the

matching funds paid with funds other than funds referred to in

paragraph (1), as determined by the Secretary.

''(3) Secretary. - The term 'Secretary' means the Secretary of

Agriculture.

''(b) In General. -

''(1) Institutional capacity building grants. - For each of

fiscal years 1996 through 2007, the Secretary shall make two or

more institutional capacity building grants to assist 1994

Institutions with constructing, acquiring, and remodeling

buildings, laboratories, and other capital facilities (including

fixtures and equipment) necessary to conduct instructional

activities more effectively in agriculture and sciences.

''(2) Requirements for grants. - The Secretary shall make

grants under this section -

''(A) on the basis of a competitive application process under

which appropriate officials of 1994 Institutions may submit

applications to the Secretary in such form and manner as the

Secretary may prescribe; and

''(B) in such manner as to ensure geographic diversity with

respect to the 1994 Institutions that are the subject of the

grants.

''(3) Demonstration of need. - The Secretary shall require, as

part of an application for a grant under this subsection, a

demonstration of need. The Secretary may only award a grant

under this subsection to an applicant that demonstrates a failure

to obtain funding for a project after making a reasonable effort

to otherwise obtain the funding.

''(4) Payment of non-federal share. - A grant awarded under

this subsection shall be made only if the recipient of the grant

pays a non-Federal share in an amount specified by the Secretary.

''(c) Authorization of Appropriations. - There are authorized to

be appropriated to the Department of Agriculture to carry out this

section, such sums as are necessary for each of fiscal years 2002

through 2007.

''SEC. 536. RESEARCH GRANTS.

''(a) Research Grants Authorized. - The Secretary of Agriculture

may make grants under this section, on the basis of a competitive

application process (and in accordance with such regulations as the

Secretary may promulgate), to a 1994 Institution to assist the

Institution to conduct agricultural research that addresses high

priority concerns of tribal, national, or multistate significance.

''(b) Requirements. - Grant applications submitted under this

section shall certify that the research to be conducted will be

performed under a cooperative agreement with at least 1 other

land-grant college or university (exclusive of another 1994

Institution).

''(c) Authorization of Appropriations. - There are authorized to

be appropriated such sums as are necessary to carry out this

section for each of fiscal years 1999 through 2007. Amounts

appropriated shall remain available until expended.''

LAND GRANT COLLEGES IN AMERICAN SAMOA, NORTHERN MARIANA ISLANDS,

AND TRUST TERRITORY OF THE PACIFIC ISLANDS

Pub. L. 96-374, title XIII, Sec. 1361(c), (d), Oct. 3, 1980, 94

Stat. 1502, as amended by Pub. L. 99-396, Sec. 9(c), Aug. 27, 1986,

100 Stat. 840, provided that:

''(c) Any provision of any Act of Congress relating to the

operation of or provision of assistance to a land grant college in

the Virgin Islands or Guam shall apply to the land grant college in

American Samoa, the Northern Mariana Islands, and the Trust

Territory of the Pacific Islands (other than the Northern Mariana

Islands) in the same manner and to the same extent.

''(d) Nothing in this section (amending section 326a of this

title and provisions set out as a note below) shall be construed to

interfere with or affect any of the provisions of the April 17,

1900 Treaty of Cession of Tutuila and Aunu'u Islands or the July

16, 1904 Treaty of Cession of the Manu'a Islands as ratified by the

Act of February 20, 1929 (45 Stat. 1253) and the Act of May 22,

1929 (46 Stat. 4) (48 U.S.C. 1431a).''

(For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.)

COLLEGE OF THE VIRGIN ISLANDS, COMMUNITY COLLEGE OF AMERICAN SAMOA,

COLLEGE OF MICRONESIA, NORTHERN MARIANAS COLLEGE, AND UNIVERSITY OF

GUAM; LAND-GRANT STATUS; AUTHORIZATION OF APPROPRIATIONS

Section 506(a), (b) of Pub. L. 92-318, title V, June 23, 1972, 86

Stat. 350, as amended by Pub. L. 96-374, title XIII, Sec. 1361(a),

Oct. 3, 1980, 94 Stat. 1501; Pub. L. 99-396, Sec. 9(a), Aug. 27,

1986, 100 Stat. 840, as amended by Pub. L. 102-247, title III, Sec.

305, Feb. 24, 1992, 106 Stat. 39, provided that:

''(a) The College of the Virgin Islands, the Community College of

American Samoa, the College of Micronesia(,) the Northern Marianas

College, and the University of Guam shall be considered land-grant

colleges established for the benefit or agriculture and mechanic

arts in accordance with the provisions of the Act of July 2, 1862,

as amended (12 Stat. 503; 7 U.S.C. 301-305, 307, 308).

''(b) In lieu of extending to the Virgin Islands, Guam, American

Samoa, Micronesia, and the Northern Mariana Islands those

provisions of the Act of July 2, 1862, as amended, relating to

donations of public land or land scrip for the endowment and

maintenance of colleges or the benefit of agriculture and the

mechanic arts, there is authorized to be appropriated $3,000,000 to

the Virgin Islands and $3,000,000 to Guam and an equal amount to

American Samoa, Micronesia, and to the Northern Mariana Islands.

Amounts appropriated pursuant to this section shall be held and

considered to have been granted to the Virgin Islands, Guam,

American Samoa, Micronesia, and the Northern Mariana Islands

subject to the provisions of that Act applicable to the proceeds

from the sale of land or land scrip.''

EXCHANGE OF LAND IN MISSOURI

Pub. L. 85-282, Sept. 4, 1957, 71 Stat. 607, provided: ''That,

notwithstanding the provisions of the Act entitled 'An Act donating

public lands to the several States and Territories which may

provide colleges for the benefit of agriculture and the mechanic

arts', approved July 2, 1862 (7 U.S.C. secs. 301-308), the State of

Missouri is authorized to convey to the United States all right,

title, and interest of such State in and to any land granted to

such State under authority of such Act of July 2, 1862, which is

located within the exterior boundaries of the national forests

situated within such State, and, in exchange therefor, the

Secretary of Agriculture is authorized to convey to the State of

Missouri all right, title, and interest of the United States in and

to not to exceed an equal value of national forest lands (as

determined by the Secretary) situated within such State.

''Sec. 2. Any exchange authorized by the first section of this

Act shall be made in accordance with the applicable provisions of

section 7 of the Act of March 1, 1911, commonly referred to as the

Weeks Law (16 U.S.C., sec. 516), and the applicable provisions of

the Act entitled 'An Act to consolidate national forest lands',

approved March 20, 1922 (16 U.S.C., secs. 485 and 486).

''Sec. 3. Any land conveyed to the State of Missouri under

authority of this Act shall, upon acceptance of such conveyance by

such State, be held and considered to be granted to such State

subject to the provisions of the Act of July 2, 1862, referred to

in the first section of this Act.''

COOPERATION IN PLACEMENT OF DOMESTIC FARM LABOR

Section 2(b) of act Apr. 28, 1947, ch. 43, 61 Stat. 55, provided:

''The Secretary of Agriculture and the Secretary of Labor shall

take such action as may be necessary to assure maximum cooperation

between the agricultural extension services of the land-grant

colleges and the State public employment agencies in the

recruitment and placement of domestic farm labor and in the keeping

of such records and information with respect thereto as may be

necessary for the proper and efficient administration of the State

unemployment compensation laws and of title V of the Servicemen's

Readjustment Act of 1944, as amended (58 Stat. 295).''

ADMISSION OF ALASKA AS STATE; GRANTS NOT TO EXTEND TO ALASKA

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

Land grant under Alaska Statehood provisions as being in lieu of

grant of acreage under sections 301 to 305, 307, 308 of this title

(declared not to extend to Alaska), see section 6(l) of Pub. L.

85-508, set out as a note preceding section 21 of Title 48.

-CITE-

7 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-HEAD-

Sec. 302. Method of apportionment and selection; issuance of land

scrip

-STATUTE-

The land aforesaid, after being surveyed, shall be apportioned to

the several States in sections or subdivisions of sections, not

less than one-quarter of a section; and whenever there are public

lands in a State subject to sale at private entry at $1.25 per

acre, the quantity to which said State shall be entitled shall be

selected from such lands within the limits of such State, and the

Secretary of the Interior is directed to issue to each of the

States in which there is not the quantity of public lands subject

to sale at private entry at $1.25 per acre, to which said State may

be entitled under the provisions of this subchapter, land scrip to

the amount in acres for the deficiency of its distributive share;

said scrip to be sold by said States and the proceeds thereof

applied to the uses and purposes prescribed in said sections, and

for no other use or purpose whatsoever: Provided, That in no case

shall any State to which land scrip may thus be issued be allowed

to locate the same within the limits of any other State, or of any

Territory of the United States, but their assignees may thus locate

said land scrip upon any of the unappropriated lands of the United

States subject to sale at private entry at $1.25, or less, per

acre: And provided further, That not more than one million acres

shall be located by such assignees in any one of the States: And

provided further, That no such location shall be made before July

2, 1863.

-SOURCE-

(July 2, 1862, ch. 130, Sec. 2, 12 Stat. 503.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 304 of this title.

-CITE-

7 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-HEAD-

Sec. 303. Management expenses paid by State

-STATUTE-

All the expenses of management, superintendence, and taxes from

date of selection of said lands, previous to their sales, and all

expenses incurred in the management and disbursement of the moneys

which may be received therefrom, shall be paid by the States to

which they may belong, out of the treasury of said States, so that

the entire proceeds of the sale of said lands shall be applied

without any diminution whatever to the purposes in sections 304,

305, 307 and 308 of this title mentioned.

-SOURCE-

(July 2, 1862, ch. 130, Sec. 3, 12 Stat. 504.)

-CITE-

7 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-HEAD-

Sec. 304. Investment of proceeds of sale of land or scrip

-STATUTE-

All moneys derived from the sale of lands as provided in section

302 of this title by the States to which lands are apportioned and

from the sales of land scrip provided for in said section shall be

invested in bonds of the United States or of the States or some

other safe bonds; or the same may be invested by the States having

no State bonds, in any manner after the legislatures of such States

shall have assented thereto and engaged that such funds shall yield

a fair and reasonable rate of return, to be fixed by the State

legislatures, and that the principal thereof shall forever remain

unimpaired: Provided, That the moneys so invested or loaned shall

constitute a perpetual fund, the capital of which shall remain

forever undiminished (except so far as may be provided in section

305 of this title), and the interest of which shall be inviolably

appropriated, by each State which may take and claim the benefit of

this subchapter, to the endowment, support, and maintenance of at

least one college where the leading object shall be, without

excluding other scientific and classical studies and including

military tactics, to teach such branches of learning as are related

to agriculture and the mechanic arts, in such manner as the

legislatures of the States may respectively prescribe, in order to

promote the liberal and practical education of the industrial

classes in the several pursuits and professions in life.

-SOURCE-

(July 2, 1862, ch. 130, Sec. 4, 12 Stat. 504; Mar. 3, 1883, ch.

102, 22 Stat. 484; Apr. 13, 1926, ch. 130, 44 Stat. 247.)

-MISC1-

AMENDMENTS

1926 - Act Apr. 13, 1926, substituted ''bonds'' for ''stocks''

and ''a fair and reasonable rate of return, to be fixed by the

State Legislatures'' for ''not less than 5 per centum upon the

amount so invested'', before proviso.

1883 - Act Mar. 3, 1883, inserted ''or the same may be invested

by the States having no State stocks, in any other manner after the

legislatures of such States shall have assented thereto, and

engaged that such funds shall'' after ''other safe stocks'' and

substituted ''yield'' for ''yielding'', ''principal'' for

''capital'' and ''unimpaired'' for ''undiminished''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305 of this title.

-CITE-

7 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-HEAD-

Sec. 305. Conditions of grant

-STATUTE-

The grant of land and land scrip hereby authorized shall be made

on the following conditions, to which, as well as to the provisions

contained in said sections, the previous assent of the several

States shall be signified by legislative acts:

First. If any portion of the fund invested, as provided by

section 304 of this title, or any portion of the interest thereon,

shall, by any action or contingency, be diminished or lost, it

shall be replaced by the State to which it belongs, so that the

capital of the fund shall remain forever undiminished; and the

annual interest shall be regularly applied without diminution to

the purposes mentioned in section 304 of this title, except that a

sum, not exceeding 10 per centum upon the amount received by any

State under the provisions of this subchapter, may be expended for

the purchase of lands for sites or experimental farms, whenever

authorized by the respective legislatures of said States.

Second. No portion of said fund, nor the interest thereon, shall

be applied, directly or indirectly, under any pretense whatever, to

the purchase, erection, preservation, or repair of any building or

buildings.

Third. Any State which may take and claim the benefit of the

provisions of this subchapter shall provide, within five years from

the time of its acceptance as provided in subdivision seven of this

section, at least not less than one college, as described in

section 304 of this title, or the grant to such State shall cease;

and said State shall be bound to pay the United States the amount

received of any lands previously sold, and the title to purchasers

under the State shall be valid.

Fourth. An annual report shall be made regarding the progress of

each college, recording any improvements and experiments made, with

their cost and results, and such other matters, including State

industrial and economical statistics, as may be supposed useful;

one copy of which shall be transmitted by mail, by each, to all the

other colleges which may be endowed under the provisions of this

subchapter, and also one copy to the Secretary of the Interior.

Fifth. When lands shall be selected from those which have been

raised to double the minimum price, in consequence of railroad

grants, they shall be computed to the States at the maximum price,

and the number of acres proportionally diminished.

Sixth. No State while in a condition of rebellion or insurrection

against the Government of the United States shall be entitled to

the benefit of the provisions of this subchapter.

Seventh. No State shall be entitled to the benefits of the

provisions of this subchapter unless it shall express its

acceptance thereof by its legislature within three years from July

23, 1866: Provided, That when any Territory shall become a State

and be admitted into the Union, such new State shall be entitled to

the benefits of the provisions of said sections, by expressing the

acceptance therein required within three years from the date of its

admission into the Union, and providing the college or colleges

within five years after such acceptance, as heretofore prescribed

in this chapter.

-SOURCE-

(July 2, 1862, ch. 130, Sec. 5, 12 Stat. 504; July 23, 1866, ch.

209, 14 Stat. 208; Mar. 3, 1873, ch. 231, Sec. 3, 17 Stat. 559.)

-MISC1-

REPEALS

Subd. fourth was repealed in part by act March 3, 1873, which

provided in part: ''That all laws and parts of laws permitting the

transmission by mail of any free matter whatever be, and the same

are hereby, repealed from and after June thirtieth, eighteen

hundred and seventy-three.''

Subd. seventh formerly contained a proviso which read as follows:

''Provided further, That any State which has prior to July 23,

1866, expressed its acceptance of the foregoing provisions of this

chapter shall have the period of five years within which to provide

at least one college, as described in the fourth section of said

act, after the time for providing said college, according to the

act of July second, eighteen hundred and sixty-two shall have

expired.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 304 of this title.

-CITE-

7 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-HEAD-

Sec. 306. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, act July 2, 1862, ch. 130, Sec. 6, 12 Stat. 505, related

to time of location of land scrip.

-CITE-

7 USC Sec. 307 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-HEAD-

Sec. 307. Fees for locating land scrip

-STATUTE-

The land officers shall receive the same fees for locating land

scrip issued under the provisions of this subchapter as was on July

2, 1862, allowed for the location of military bounty land warrants

under laws existing at that time: Provided, That their maximum

compensation shall not be thereby increased.

-SOURCE-

(July 2, 1862, ch. 130, Sec. 7, 12 Stat. 505.)

-CITE-

7 USC Sec. 308 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION

-HEAD-

Sec. 308. Reports by State governors of sale of scrip

-STATUTE-

The governors of the several States to which scrip shall be

issued under the provisions of this subchapter shall be required to

report annually to Congress all sales made of such scrip until the

whole shall be disposed of, the amount received for the same, and

what appropriation has been made of the proceeds.

-SOURCE-

(July 2, 1862, ch. 130, Sec. 8, 12 Stat. 505.)

-CITE-

7 USC SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

.

-HEAD-

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 331, 341, 343, 450i,

1926, 2204c, 2206a, 2662, 2663, 2664, 3103, 3123, 3124a, 3221,

3222, 3222b, 3222c, 3222d, 3223, 3703, 7601 of this title; title 16

sections 551c, 1672, 1673; title 20 section 3441; title 22 section

2220a; title 42 section 1788.

-CITE-

7 USC Sec. 321 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 321. Secretary of Agriculture to administer annual college-aid

appropriation

-STATUTE-

The Secretary of Agriculture is charged with the proper

administration of this subchapter.

-SOURCE-

(Aug. 30, 1890, ch. 841, Sec. 4, 26 Stat. 419; 1939 Reorg. Plan No.

1, Sec. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424;

1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; Pub. L. 96-88, title III, Sec. 301(a)(2)(E),

Oct. 17, 1979, 93 Stat. 677; Pub. L. 97-98, title XIV, Sec. 1419,

Dec. 22, 1981, 95 Stat. 1306.)

-COD-

CODIFICATION

Section constitutes part of section 4 of act Aug. 30, 1890.

Remainder of section 4 is classified to section 326 of this title.

-MISC3-

SHORT TITLE

Act Aug. 30, 1890, as amended, which is classified to this

subchapter, is popularly known as the ''Agricultural College Act of

1890'' and also as the ''Second Morrill Act''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions and duties of Secretary of Education under this

subchapter transferred to Secretary of Agriculture by section 1419

of Pub. L. 97-98.

Functions of Secretary of Health, Education, and Welfare under

this subchapter transferred to Secretary of Education by section

301(a)(2)(E) of Pub. L. 96-88, which is classified to section

3441(a)(2)(E) of Title 20, Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set

out in the Appendix to Title 5, Government Organization and

Employees. Federal Security Agency and office of Administrator

abolished by section 8 of 1953 Reorg. Plan No. 1.

Prior to July 1, 1939, functions of Secretary of the Interior

under this subchapter were carried out through Office of Education

of Department of the Interior. Office of Education and its

functions transferred to Federal Security Administrator by section

204 of 1939 Reorg. Plan No. 1, set out in the Appendix to Title 5.

-MISC5-

WEST VIRGINIA STATE COLLEGE AT INSTITUTE, WEST VIRGINIA

Pub. L. 107-76, title VII, Sec. 753, Nov. 28, 2001, 115 Stat.

740, provided that: ''Hereafter, any provision of any Act of

Congress relating to colleges and universities eligible to receive

funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.),

including Tuskegee University, shall apply to West Virginia State

College at Institute, West Virginia: Provided, That the Secretary

may waive the matching funds' requirement under section 1449 of the

National Agricultural Research, Extension, and Teaching Policy Act

of 1977 (7 U.S.C. 3222d) for fiscal year 2002 for West Virginia

State College if the Secretary determines the State of West

Virginia will be unlikely to satisfy the matching requirement.''

RECLAMATION FUND

Moneys received from the sale and disposal of public lands in

certain States and Territories were appropriated to a ''reclamation

fund'', for the reclamation of arid and semi-arid lands, by the

Reclamation Act of June 17, 1902, ch. 1093, Sec. 1, 32 Stat. 388,

and, by a proviso annexed to that section, in case the receipts

from the sale and disposal of other public lands are insufficient

to meet the requirements for the support of agricultural colleges

under this act, the sum necessary is to be provided from any moneys

in the Treasury not otherwise appropriated. See section 391 et

seq. of Title 43, Public Lands.

-CITE-

7 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 322. Annual appropriation

-STATUTE-

There is annually appropriated, out of any money in the Treasury

not otherwise appropriated, to be paid as provided in section 324

of this title, to each State and Territory for the more complete

endowment and maintenance of colleges for the benefit of

agriculture and the mechanic arts established in accordance with

the provisions of subchapter I of this chapter, $50,000 to be

applied only to instruction in food and agricultural sciences, and

to the facilities for such instruction: Provided, That said

colleges may use a portion of this money for providing courses for

the special preparation of instructors for teaching the elements of

food and agricultural sciences.

-SOURCE-

(Aug. 30, 1890, ch. 841, Sec. 1, 26 Stat. 417; Mar. 4, 1907, ch.

2907, 34 Stat. 1281, 1282; Pub. L. 97-98, title XIV, Sec. 1421,

Dec. 22, 1981, 95 Stat. 1306.)

-COD-

CODIFICATION

Section is based on a part of section 1 of act Aug. 30, 1890, and

the tenth and eleventh pars. under the heading ''Emergency

Appropriations'' of act Mar. 4, 1907. Remainder of section 1 of act

Aug. 30, 1890, is classified to section 323 of this title.

-MISC3-

AMENDMENTS

1981 - Pub. L. 97-98 substituted ''food and agricultural

sciences'' for ''agriculture, the mechanic arts, the English

language, and the various branches of mathematical, physical,

natural, and economic science, with special reference to their

applications in the industries of life'' and ''the elements of food

and agricultural sciences'' for ''the elements of agriculture and

the mechanic arts''.

1907 - Act Mar. 4, 1907, substituted ''$50,000'' for ''$25,000'',

and inserted proviso.

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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions under this section to Secretary of

Agriculture, see note set out under section 321 of this title.

-MISC5-

AVAILABILITY OF FUNDS FOR PAYMENTS UNDER THIS SUBCHAPTER

Pub. L. 103-330, title VII, Sec. 724, Sept. 30, 1994, 108 Stat.

2469, provided that: ''No funds shall be available in fiscal year

1995 and thereafter for payments under the Act of August 30, 1890

and the tenth and eleventh paragraphs under the heading 'Emergency

Appropriations' of the Act of March 4, 1907 (7 U.S.C. 321 et

seq.).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 326a of this title; title

16 section 4741.

-CITE-

7 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 323. Racial discrimination by colleges restricted

-STATUTE-

No money shall be paid out under this subchapter to any State or

Territory for the support or maintenance of a college where a

distinction of race or color is made in the admission of students,

but the establishment and maintenance of such colleges separately

for white and colored students shall be held to be a compliance

with the provisions of said sections if the funds received in such

State or Territory be equitably divided as hereinafter set forth:

Provided, That in any State in which there has been one college

established in pursuance of subchapter I of this chapter, and also

in which an educational institution of like character has been

established, or may be hereafter established, and is on August 30,

1890, aided by such State from its own revenue, for the education

of colored students in agriculture and the mechanic arts, however

named or styled, or whether or not it has received money prior to

August 30, 1890, under said subchapter I, the legislature of such

State may propose and report to the Secretary of Agriculture a just

and equitable division of the fund to be received under this

subchapter between one college for white students and one

institution for colored students established as aforesaid, which

shall be divided into two parts and paid accordingly, and thereupon

such institution for colored students shall be entitled to the

benefits of said sections and subject to their provisions, as much

as it would have been if it had been included under subchapter I of

this chapter, and the fulfillment of the foregoing provisions shall

be taken as a compliance with the provision in reference to

separate colleges for white and colored students.

-SOURCE-

(Aug. 30, 1890, ch. 841, Sec. 1, 26 Stat. 417; 1939 Reorg. Plan No.

1, Sec. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424;

1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; Pub. L. 96-88, title III, Sec. 301(a)(2)(E),

Oct. 17, 1979, 93 Stat. 677; Pub. L. 97-98, title XIV, Sec. 1419,

Dec. 22, 1981, 95 Stat. 1306.)

-COD-

CODIFICATION

Section constitutes part of section 1 of act Aug. 30, 1890.

Remainder of section 1 is classified to section 322 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions under this section to Secretary of

Agriculture, see note set out under section 321 of this title.

-CITE-

7 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 324. Time, manner, etc., of annual payments

-STATUTE-

The sums appropriated by this subchapter to the States and

Territories for the further endowment and support of colleges shall

be annually paid on or before the 31st day of October of each year,

by the Secretary of the Treasury, upon the warrant of the Secretary

of Agriculture, out of the Treasury of the United States, to the

State or Territorial treasurer, or to such officer as shall be

designated by the laws of such State or Territory to receive the

same, who shall, upon the order of the trustees of the college, or

the institution for colored students, immediately pay over said

sums to the treasurers of the respective colleges or other

institutions entitled to receive the same, and such treasurers

shall be required to report to the Secretary of Agriculture, on or

before the 1st day of December of each year, a detailed statement

of the amount so received and of its disbursement. The grants of

moneys authorized by this subchapter are made subject to the

legislative assent of the several States and Territories to the

purpose of said grants.

-SOURCE-

(Aug. 30, 1890, ch. 841, Sec. 2, 26 Stat. 418; 1939 Reorg. Plan No.

I, Sec. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424;

1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; Pub. L. 94-273, Sec. 9(1), Apr. 21, 1976, 90

Stat. 378; Pub. L. 96-88, title III, Sec. 301(a)(2)(E), Oct. 17,

1979, 93 Stat. 677; Pub. L. 97-98, title XIV, Sec. 1419, Dec. 22,

1981, 95 Stat. 1306.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-273 substituted ''October'' for ''July'' and

''December'' for ''September''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions under this section to Secretary of

Agriculture, see note set out under section 321 of this title.

Functions of Department of Health, Education, and Welfare and

Secretary thereof under this subchapter transferred to Secretary of

Education by section 301(a)(2)(E) of Pub. L. 96-88, which is

classified to section 3441(a)(2)(E) of Title 20, Education.

Transfer of functions from Secretary of the Interior to Secretary

of Health, Education, and Welfare, see note set out under section

321 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title.

-CITE-

7 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 325. State to replace funds misapplied, etc.; restrictions on

use of funds; reports by colleges

-STATUTE-

If any portion of the moneys received by the designated officer

of the State or Territory for the further and more complete

endowment, support, and maintenance of colleges, or of institutions

for colored students, as provided in this subchapter, shall, by any

action or contingency, be diminished or lost, or be misapplied, it

shall be replaced by the State or Territory to which it belongs,

and until so replaced no subsequent appropriation shall be

apportioned or paid to such State or Territory; and no portion of

said moneys shall be applied, directly or indirectly, under any

pretense whatever, to the purchase, erection, preservation, or

repair of any building or buildings. An annual report by the

president of each of said colleges shall be made to the Secretary

of Agriculture, regarding the condition and progress of each

college, including statistical information in relation to its

receipts and expenditures, its library, the number of its students

and professors, and also as to any improvements and experiments

made under the direction of any experiment stations attached to

said colleges, with their cost and results, and such other

industrial and economical statistics as may be regarded as useful,

one copy of which shall be transmitted by mail free to all other

colleges further endowed under this subchapter.

-SOURCE-

(Aug. 30, 1890, ch. 841, Sec. 3, 26 Stat. 418; 1939 Reorg. Plan No.

I, Sec. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424;

1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; Pub. L. 96-88, title III, Sec. 301(a)(2)(E),

Oct. 17, 1979, 93 Stat. 677; Pub. L. 97-98, title XIV, Sec. 1419,

Dec. 22, 1981, 95 Stat. 1306.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions under this section to Secretary of

Agriculture, see note set out under section 321 of this title.

Functions of Department of Health, Education, and Welfare and

Secretary thereof under this subchapter transferred to Secretary of

Education by section 301(a)(2)(E) of Pub. L. 96-88, which is

classified to section 3441(a)(2)(E) of Title 20, Education.

Transfer of functions from Secretary of the Interior to Secretary

of Health, Education, and Welfare, see note set out under section

321 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3202.

-CITE-

7 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 326. Ascertainment and certification of amounts due States;

certificates withheld from States; appeal to Congress

-STATUTE-

On or before the 1st day of October in each year, the Secretary

of Agriculture shall ascertain and certify to the Secretary of the

Treasury as to each State and Territory whether it is entitled to

receive its share of the annual appropriation for colleges, or of

institutions for colored students, under this subchapter, and the

amount which thereupon each is entitled, respectively, to receive.

If the Secretary of Agriculture shall withhold a certificate from

any State or Territory of its appropriation 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, in order that the State or Territory may, if it

should so desire, appeal to Congress from the determination of the

Secretary of Agriculture. If the next Congress shall not direct

such sum to be paid it shall be covered into the Treasury.

-SOURCE-

(Aug. 30, 1890, ch. 841, Sec. 4, 26 Stat. 419; 1939 Reorg. Plan No.

I, Sec. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424;

1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; Pub. L. 94-273, Sec. 3(1), Apr. 21, 1976, 90

Stat. 376; Pub. L. 96-88, title III, Sec. 301(a)(2)(E), Oct. 17,

1979, 93 Stat. 677; Pub. L. 97-97, title XIV, Sec. 1419, Dec. 22,

1981, 95 Stat. 1306.)

-COD-

CODIFICATION

Section constitutes part of section 4 of act Aug. 30, 1890.

Remainder of section 4 is classified to section 321 of this title.

-MISC3-

AMENDMENTS

1976 - Pub. L. 94-273 substituted ''October'' for ''July''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions under this section to Secretary of

Agriculture, see note set out under section 321 of this title.

Functions of Department of Health, Education, and Welfare and

Secretary thereof under this subchapter transferred to Secretary of

Education by section 301(a)(2)(E) of Pub. L. 96-88, which is

classified to section 3441(a)(2)(E) of Title 20, Education.

Transfer of functions from Secretary of the Interior to Secretary

of Health, Education, and Welfare, see note set out under section

321 of this title.

-CITE-

7 USC Sec. 326a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 326a. Annual appropriations for Puerto Rico, Virgin Islands,

American Samoa, Guam, Northern Mariana Islands, Federated

States of Micronesia, Republic of the Marshall Islands, and

Republic of Palau

-STATUTE-

There is appropriated annually, out of funds in the Treasury not

otherwise appropriated, for payment to the Commonwealth of Puerto

Rico, the Virgin Islands of the United States, Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands, the

Federated States of Micronesia, the Republic of the Marshall

Islands, and the Republic of Palau the amount they would be

entitled to receive under this subchapter if they were States. Sums

appropriated under this section shall be treated in the same manner

and be subject to the same provisions of law, as would be the case

if they had been appropriated by the first sentence of section 322

of this title.

-SOURCE-

(Aug. 30, 1890, ch. 841, Sec. 5, as added Pub. L. 92-318, title V,

Sec. 506(c), June 23, 1972, 86 Stat. 350; amended Pub. L. 96-374,

title XIII, Sec. 1361(b), Oct. 3, 1980, 94 Stat. 1502; Pub. L.

99-396, Sec. 9(b), Aug. 27, 1986, 100 Stat. 840; Pub. L. 100-339,

Sec. 2, June 17, 1988, 102 Stat. 620; Pub. L. 103-382, title III,

Sec. 352, Oct. 20, 1994, 108 Stat. 3966.)

-COD-

CODIFICATION

''Appropriated by section 322 of this title'' substituted in text

for ''appropriated by the first sentence of section 1''. The first

sentence of section 1 of act Aug. 30, 1890, is classified to

sections 322 and 323 of this title, but section 322 only contains

the appropriation provision.

-MISC3-

AMENDMENTS

1994 - Pub. L. 103-382 substituted ''the Federated States of

Micronesia, the Republic of the Marshall Islands, and the Republic

of Palau'' for ''and the Trust Territory of the Pacific Islands or

its successor governments''.

1988 - Pub. L. 100-339 amended section generally. Prior to

amendment, section read as follows: ''There is authorized to be

appropriated annually for payment to the Virgin Islands, American

Samoa, Guam, the Northern Mariana Islands, and the Trust Territory

of the Pacific Islands (other than the Northern Mariana Islands)

the amount they would receive under this subchapter if they were

States. Sums appropriated under this section shall be treated in

the same manner and be subject to the same provisions of law, as

would be the case if they had been appropriated by section 322 of

this title.''

1986 - Pub. L. 99-396 substituted ''Guam, the Northern Mariana

Islands, and the Trust Territory of the Pacific Islands (other than

the Northern Mariana Islands)'' for ''and Micronesia, and Guam''.

1980 - Pub. L. 96-374 inserted references to American Samoa and

Micronesia.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 3 of Pub. L. 100-339 provided that: ''This Act (amending

this section) shall take effect on October 1, 1987.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section

1393(a) of Pub. L. 96-374, set out as a note under section 1001 of

Title 20, Education.

EFFECTIVE DATE

Section 506(n) of Pub. L. 92-318 provided that: ''The amendments

made by this section (enacting this section, amending sections 329,

331, 343, 349, 361a, 361c, and 1626 of this title and sections

582a-3 and 582a-7 of Title 16, and enacting provisions set out as

notes under this section and section 301 of this title) shall be

effective after June 30, 1970.''

STATE CONSENT

Section 506(m) of Pub. L. 92-318 provided that: ''With respect to

the Virgin Islands and Guam, the enactment of this section (see

Effective Date note above) shall be deemed to satisfy any

requirement of State consent contained in laws or provisions of law

referred to in this section.''

-CITE-

7 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 327. Repealed. May 29, 1928, ch. 901, Sec. 1(74), 45 Stat. 991

-MISC1-

Section, act Aug. 30, 1890, ch. 841, Sec. 5, 26 Stat. 419,

related to reports by Secretary of the Interior of disbursements

and certificates withheld.

-CITE-

7 USC Sec. 328 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 328. Power to amend, repeal, etc., reserved

-STATUTE-

Congress may at any time amend, suspend, or repeal any or all of

the provisions of this subchapter.

-SOURCE-

(Aug. 30, 1890, ch. 841, Sec. 6, 26 Stat. 419.)

-CITE-

7 USC Sec. 329 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION

-HEAD-

Sec. 329. Additional appropriation for agricultural colleges

-STATUTE-

In order to provide for the more complete endowment and support

of the colleges in the several States, Puerto Rico, the Virgin

Islands, Guam, and the Northern Mariana Islands entitled to the

benefits of this subchapter and subchapter I of this title, there

are authorized to be appropriated annually, out of any money in the

Treasury not otherwise appropriated, the following amounts:

(a) for the first fiscal year beginning after the date of

enactment of this Act, and for each fiscal year thereafter,

$8,250,000; and

(b) For the first fiscal year beginning after the date of

enactment of this Act, and for each fiscal year thereafter,

$4,380,000.

The sums appropriated in pursuance of paragraph (a) of this

section shall be paid annually to the several States, Puerto Rico,

the Virgin Islands, Guam, and the Northern Mariana Islands in equal

shares. The sums appropriated in pursuance of paragraph (b) of

this section shall be in addition to sums appropriated in pursuance

of paragraph (a) of this section and shall be allotted and paid

annually to each of the several States, Puerto Rico, the Virgin

Islands, Guam, and the Northern Mariana Islands in the proportion

to which the total population of each State, Puerto Rico, the

Virgin Islands, Guam, and the Northern Mariana Islands bears to the

total population of all the States, Puerto Rico, the Virgin

Islands, Guam, and the Northern Mariana Islands as determined by

the last preceding decennial census. Sums appropriated in

pursuance of this section shall be in addition to sums appropriated

or authorized under this subchapter and subchapter I of this title,

and shall be applied only for the purposes of the colleges defined

in such subchapters. The provisions of law applicable to the use

and payment of sums under this subchapter shall apply to the use

and payment of sums appropriated in pursuance of this section.

-SOURCE-

(June 29, 1935, ch. 338, title II, Sec. 22, 49 Stat. 439; June 12,

1952, ch. 419, Sec. 1-4, 66 Stat. 135, 136; Pub. L. 86-658, July

14, 1960, 74 Stat. 525; Pub. L. 89-791, title I, Sec. 108(a), Nov.

7, 1966, as added Pub. L. 90-354, Sec. 1, June 20, 1968, 82 Stat.

241; Pub. L. 92-318, title V, Sec. 506(d), June 23, 1972, 86 Stat.

350; Pub. L. 99-396, Sec. 9(d), Aug. 27, 1986, 100 Stat. 840.)

-REFTEXT-

REFERENCES IN TEXT

The words ''date of enactment of this Act'' appear in par. (a) of

section 22 of act June 29, 1935, which was approved on June 29,

1935, and also in pars. (a) and (b) of section 22 of act June 29,

1935, as amended by Pub. L. 86-658, which was approved on July 14,

1960.

-COD-

CODIFICATION

Section was not enacted as part of the act Aug. 30, 1890, which

comprises this subchapter.

Section was formerly classified to section 343d of this title.

-MISC3-

AMENDMENTS

1986 - Pub. L. 99-396 substituted ''Guam, and the Northern

Mariana Islands'' for ''and Guam'' in five places, ''$8,250,000''

for ''$8,100,000'', and ''$4,380,000'' for ''$4,360,000''.

1972 - Pub. L. 92-318 inserted references to Virgin Islands and

Guam, and substituted ''$8,100,000'' and ''$4,360,000'' for

''$7,800,000'' and ''$4,320,000'', respectively.

1968 - Pub. L. 89-791, as added by Pub. L. 90-354, increased

authorization for annual appropriations for Federal grants to

States for support of resident teaching in land-grant colleges and

universities from an authorization of $7,650,000 to $7,800,000,

allocated equally among the States, and from an authorization of

$4,300,000, allotted on basis of relative State population, to

$4,320,000.

1960 - Pub. L. 86-658 increased authorization for annual

appropriations for Federal grants to States for support of resident

teaching in land-grant colleges and universities from an

authorization of $1,000,000, allocated equally among the States, to

$7,650,000, and from an authorization of $1,501,500, allotted on

basis of relative State population, to $4,300,000, struck out

references to Territories of Alaska and Hawaii as now included in

term ''States'' and included Puerto Rico in provisions of section.

1952 - Opening par. Act June 12, 1952, Sec. 1, made section

applicable to Alaska.

Par. (a). Act June 12, 1952, Sec. 2, increased allotment from

$980,000 to $1,000,000.

Par. (b). Act June 12, 1952, Sec. 3, 4, increased additional

allotment of $1,500,000 to $1,501,500, and made said par.

applicable to Alaska.

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.

EFFECTIVE DATE OF 1952 AMENDMENT

Section 5 of act June 12, 1952, provided that: ''The amendments

made by this Act (amending this section) shall take effect on the

first day of the first fiscal year beginning on or after the date

of enactment of this Act (June 12, 1952).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3124a, 3152 of this

title.

-CITE-

7 USC SUBCHAPTER III - RETIREMENT OF EMPLOYEES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER III - RETIREMENT OF EMPLOYEES

.

-HEAD-

SUBCHAPTER III - RETIREMENT OF EMPLOYEES

-CITE-

7 USC Sec. 331 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER III - RETIREMENT OF EMPLOYEES

-HEAD-

Sec. 331. Retirement of land-grant college employees

-STATUTE-

Pursuant to the recognized obligations of governments to

guarantee the social security of their employees and in order to

provide for the retirement on an annuity, or otherwise, of all

persons being paid salaries in whole or in part from grants of

Federal funds to the several States, Puerto Rico, the Virgin

Islands, and Guam pursuant to the terms of the Act approved July 2,

1862, for the endowment and support of colleges of agriculture and

mechanic arts (7 U.S.C. 301 et seq.), and Acts supplementary

thereto providing for instruction in agriculture and mechanic arts,

for the establishment of agricultural experiment stations, and for

cooperative extension work in agriculture and home economics, all

States, Puerto Rico, the Virgin Islands, and Guam are after March

4, 1940, authorized, notwithstanding any contrary provisions in

said Acts, to withhold from expenditure, from Federal funds

advanced under the terms of said Acts, amounts designated as

employer contributions to be made by the States, Puerto Rico, the

Virgin Islands, or Guam to retirement systems established in

accordance with the laws of such States, Puerto Rico, the Virgin

Islands, or Guam, or established by the governing boards of

colleges of agriculture and mechanic arts in accordance with the

authority vested in them, and to deposit such amounts to the credit

of such retirement systems for subsequent disbursement in

accordance with the terms of the retirement systems in effect in

the respective States, Puerto Rico, the Virgin Islands, and Guam:

Provided, That there shall not be deducted from Federal funds and

deposited to the credit of retirement accounts as employer

contributions, amounts in excess of 5 per centum of that portion of

the salaries of employees paid from such Federal funds: Provided

further, That, for the purpose of making deposits and contributions

in retirement systems in favor of any employee, in no event shall

the deductions from any Federal fund advanced pursuant to the

foregoing Acts be in greater proportion to the total deductions for

such employee than the salary received under such Federal funds

bears to the total salary from Federal sources: Provided further,

That the deposits and contributions from funds of Federal origin to

any retirement system established by a State, Puerto Rico, the

Virgin Islands, or Guam or a land-grant college must be at least

equaled by the total contributions thereto on the part of the

individuals concerned, the State, Puerto Rico, the Virgin Islands,

or Guam, and the counties: And provided further, That no deductions

for the foregoing purposes shall be made from Federal funds in

support of employees appointed pursuant to the terms of the

foregoing Acts, whose salaries are paid wholly by the States,

Puerto Rico, the Virgin Islands, or Guam: Provided further, That

the provisions of this section shall not apply to any employee paid

in whole or in part from Federal funds who may be subject to

subchapter III of chapter 83 of title 5.

-SOURCE-

(Mar. 4, 1940, ch. 38, 54 Stat. 39; Pub. L. 92-318, title V, Sec.

506(e), June 23, 1972, 86 Stat. 351.)

-REFTEXT-

REFERENCES IN TEXT

The Act approved July 2, 1862, referred to in text, is act July

2, 1862, ch. 130, 12 Stat. 503, as amended, known as the ''Morrill

Act'' and also known as the ''First Morrill Act'', which is

classified generally to subchapter I (Sec. 301 et seq.) of this

chapter. ''Acts supplementary thereto'' include act Aug. 30, 1890,

ch. 841, 26 Stat. 417, as amended, popularly known as the

Agricultural College Act of 1890, and also known as the Second

Morrill Act, which is classified generally to subchapter II (Sec.

321 et seq.) of this chapter. For complete classification of these

Acts to the Code, see Short Title notes set out under sections 301

and 321 of this title and Tables.

-COD-

CODIFICATION

''Subchapter III of chapter 83 of title 5'' substituted in text

for ''United States Civil Service Retirement Act, as amended'' on

authority of Pub. L. 89-544, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, 632, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC3-

AMENDMENTS

1972 - Pub. L. 92-318 substituted '', Puerto Rico, the Virgin

Islands, and Guam'' and '', Puerto Rico, the Virgin Islands, or

Guam'' for ''and Territories'' and ''or Territories'',

respectively, wherever appearing and inserted in third proviso

reference to Puerto Rico, Virgin Islands, and Guam.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 361d, 3195, 3221, 3222 of

this title.

-CITE-

7 USC SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK

APPROPRIATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

.

-HEAD-

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 418, 3103, 3124a,

3221, 7672 of this title; title 39 section 3202; title 40 section

525.

-CITE-

7 USC Sec. 341 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 341. Cooperative extension work by colleges

-STATUTE-

In order to aid in diffusing among the people of the United

States useful and practical information on subjects relating to

agriculture, uses of solar energy with respect to agriculture, home

economics, and rural energy, and to encourage the application of

the same, there may be continued or inaugurated in connection with

the college or colleges in each State, Territory, or possession,

now receiving, or which may hereafter receive, the benefits of

subchapters I and II of this chapter, agricultural extension work

which shall be carried on in cooperation with the United States

Department of Agriculture: Provided, That in any State, Territory,

or possession in which two or more such colleges have been or

hereafter may be established, the appropriations hereinafter made

to such State, Territory, or possession shall be administered by

such college or colleges as the legislature of such State,

Territory, or possession may direct. For the purposes of this

subchapter, the term ''solar energy'' means energy derived from

sources (other than fossil fuels) and technologies included in the

Federal Non-Nuclear (FOOTNOTE 1) Energy Research and Development

Act of 1974, as amended (42 U.S.C. 5901 et seq.).

(FOOTNOTE 1) So in original. Probably should be ''Nonnuclear''.

-SOURCE-

(May 8, 1914, ch. 79, Sec. 1, 38 Stat. 372; June 26, 1953, ch. 157,

Sec. 1, 67 Stat. 83; Pub. L. 95-113, title XIV, Sec. 1447(1), (2),

Sept. 29, 1977, 91 Stat. 1011; Pub. L. 96-294, title II, Sec.

256(1), June 30, 1980, 94 Stat. 708.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Nonnuclear Energy Research and Development Act of

1974, as amended, referred to in text, is Pub. L. 93-577, Dec. 31,

1974, 88 Stat. 1878, as amended, which is classified generally to

chapter 74 (Sec. 5901 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 5901 of Title 42 and Tables.

-COD-

CODIFICATION

Another section 1447 of Pub. L. 95-113 is classified to section

3222b of this title.

-MISC3-

AMENDMENTS

1980 - Pub. L. 96-294 inserted reference to rural energy.

1977 - Pub. L. 95-113 inserted reference to the uses of solar

energy with respect to agriculture and inserted definition of

''solar energy''.

1953 - Act June 26, 1953, inserted ''continued or'' before

''inaugurated'' near beginning of section, inserted references to

''territory, or possession'' after ''State,'' wherever the latter

term appeared, and struck out a second proviso which continued farm

management work and farmers' cooperative demonstration work as

conducted May 8, 1914, pending inauguration and development of

cooperative extension work under sections 341-343 and 344-348 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.

SHORT TITLE

Act May 8, 1914, ch. 79, Sec. 11, as added by Pub. L. 105-185,

Sec. 3(a), June 23, 1998, 112 Stat. 525, provided that: ''This Act

(enacting this subchapter) may be cited as the 'Smith-Lever Act'.''

Act May 8, 1914, as amended, is also popularly known as the

''Agricultural Extension Work Act''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 8852.

-CITE-

7 USC Sec. 342 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 342. Cooperative agricultural extension work; cooperation with

Secretary of Agriculture

-STATUTE-

Cooperative agricultural extension work shall consist of the

development of practical applications of research knowledge and

giving of instruction and practical demonstrations of existing or

improved practices or technologies in agriculture, uses of solar

energy with respect to agriculture, home economics, and rural

energy and subjects relating thereto to persons not attending or

resident in said colleges in the several communities, and imparting

information on said subjects through demonstrations, publications,

and otherwise and for the necessary printing and distribution of

information in connection with the foregoing; and this work shall

be carried on in such manner as may be mutually agreed upon by the

Secretary of Agriculture and the State agricultural college or

colleges or Territory or possession receiving the benefits of this

subchapter.

-SOURCE-

(May 8, 1914, ch. 79, Sec. 2, 38 Stat. 373; June 26, 1953, ch. 157,

Sec. 1, 67 Stat. 84; Pub. L. 87-749, Sec. 1(a), Oct. 5, 1962, 76

Stat. 745; Pub. L. 95-113, title XIV, Sec. 1447(3), Sept. 29, 1977,

91 Stat. 1011; Pub. L. 96-294, title II, Sec. 256(2), June 30,

1980, 94 Stat. 708; Pub. L. 99-198, title XIV, Sec. 1435(a), Dec.

23, 1985, 99 Stat. 1557.)

-COD-

CODIFICATION

Another section 1447 of Pub. L. 95-113 is classified to section

3222b of this title.

-MISC3-

AMENDMENTS

1985 - Pub. L. 99-198 substituted ''shall consist of the

development of practical applications of research knowledge and

giving of instruction and practical demonstrations of existing or

improved practices or technologies'' for ''shall consist of the

giving of instructions and practical demonstrations''.

1980 - Pub. L. 96-294 inserted reference to rural energy.

1977 - Pub. L. 95-113 inserted reference to uses of solar energy

with respect to agriculture.

1962 - Pub. L. 87-749 inserted ''or Territory or possession''

after ''college or colleges''.

1953 - Act June 26, 1953, inserted ''and subjects relating

thereto'' after ''agriculture and home economics'' near beginning

of section, and inserted reference to necessary printing and

distribution of information.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-198 effective Oct. 1, 1985, see section

1435(d) of Pub. L. 99-198, set out as a note under section 343 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 343, 347a of this title;

title 42 section 8852.

-CITE-

7 USC Sec. 343 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 343. Appropriations; distribution; allotment and

apportionment; Secretary of Agriculture; matching funds;

cooperative extension activities

-STATUTE-

(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),

such sums as are necessary for the purposes set forth in section

342 of this title. The balance of any annual funds provided under

the preceding sentence for a fiscal year that remains unexpended at

the end of that fiscal year shall remain available without fiscal

year limitation. 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) Exception for insular areas. -

(A) In general. - Effective beginning for fiscal year 2003,

in lieu of the matching funds requirement of paragraph (1), the

insular areas of the Commonwealth of Puerto Rico, Guam, and the

Virgin Islands of the United States shall provide matching

funds from non-Federal sources in an amount equal to not less

than 50 percent of the formula funds distributed by the

Secretary to each of the insular areas, respectively, under

this section.

(B) Waivers. - The Secretary may waive the matching fund

requirement of subparagraph (A) for any fiscal year if the

Secretary determines that the government of the insular area

will be unlikely to meet the matching requirement for the

fiscal year.

(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.

-SOURCE-

(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,

Sec. 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; Pub. L.

107-171, title VII, Sec. 7213(b), 7215, May 13, 2002, 116 Stat.

448.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(3). Pub. L. 107-171, Sec. 7215, substituted

''such sums as are necessary'' for ''$5,000,000'' and inserted

''The balance of any annual funds provided under the preceding

sentence for a fiscal year that remains unexpended at the end of

that fiscal year shall remain available without fiscal year

limitation.'' after ''section 342 of this title.''.

Subsec. (e)(4). Pub. L. 107-171, Sec. 7213(b), added par. (4) and

struck out heading and text of former par. (4). Text read as

follows: ''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.''

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 361c, 2020, 3175, 3221 of

this title; title 39 section 3202.

-CITE-

7 USC Sec. 343a to 343c-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 343a to 343c-1. Repealed. June 26, 1953, ch. 157, Sec. 2, 67

Stat. 85, 86

-MISC1-

Section 343a, acts May 22, 1928, ch. 687, Sec. 1, 45 Stat. 711;

Mar. 10, 1930, ch. 73, 46 Stat. 83, authorized additional annual

appropriations of $980,000, and $500,000, further to develop

cooperative agricultural extension work under sections 341 to 343,

344 to 346, and 347a to 349 of this title, provided for the

disposition of such sums, and extended the system to Hawaii.

Section 343b, act May 22, 1928, ch. 687, Sec. 2, 45 Stat. 712,

provided that the sums appropriated under said section 343a should

be in addition to sums appropriated under section 343 of this

title, or sums otherwise annually appropriated for cooperative

agricultural extension work.

Section 343c, acts June 29, 1935, ch. 338, title II, Sec. 21, 49

Stat. 438; June 6, 1945, ch. 175, Sec. 2, 59 Stat. 233, authorized

further additional appropriations on an ascending scale until they

amounted to $12,000,000 annually, further to develop the

cooperative agricultural system inaugurated under sections 341 to

343, 344 to 346, 347a to 349 of this title, and provided for their

disposition.

Section 343c-1, acts Apr. 24, 1939, ch. 85, 53 Stat. 589; Sept.

21, 1944, ch. 412, title VII, Sec. 707, 58 Stat. 742, authorized

additional appropriations of $555,000 annually, for the purpose of

paying the expenses of cooperative extension work in agriculture

and home economics, and provided for their disposition.

The provisions that were contained in all of the above repealed

sections are covered generally by sections 341 to 343, 344 to 346,

and 347a to 349 of this title.

-CITE-

7 USC Sec. 343d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 343d. Transferred

-COD-

CODIFICATION

Section, act June 29, 1935, ch. 338, title II, Sec. 22, 49 Stat.

439, as amended, which related to additional appropriations for

agricultural colleges, was transferred to section 329 of this

title.

-CITE-

7 USC Sec. 343d-1 to 343d-5 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 343d-1 to 343d-5. Repealed. June 26, 1953, ch. 157, Sec. 2, 67

Stat. 86

-MISC1-

Section 343d-1, act June 29, 1935, ch. 338, title II, Sec. 23, as

added June 6, 1945, ch. 175, Sec. 1, 59 Stat. 231, authorized

further additional appropriations, commencing with the fiscal year

ended June 30, 1946 and continuing on an ascending scale until they

amounted to $12,500,000 for the fiscal year ended June 30, 1948 and

each subsequent fiscal year, further to develop the cooperative

agricultural extension system inaugurated under sections 341 to

343, 344 to 346, and 347a to 349 of this title, and provided for

their disposition.

Sections 343d-2 and 343d-3, act Oct. 26, 1949, ch. 753, Sec. 1,

2, 63 Stat. 926, extended the provisions of former section 343d-1

of this title to Puerto Rico and for such purposes, authorized

additional appropriations on an ascending scale until they should

amount to $401,090 annually.

Sections 343d-4 and 343d-5, act Oct. 27, 1949, ch. 768, Sec. 1,

2, 63 Stat. 939, extended the provisions of former sections 343a,

343b, 343c and 343d-1 of this title to Alaska, and, for such

purpose, authorized annual appropriations in amounts to be computed

on the same basis as computations of appropriations to States,

subject to annual estimates as to funds and amounts by the

Secretary of Agriculture.

See, generally, sections 341 to 343, 344 to 346, and 347a to 349

of this title.

-CITE-

7 USC Sec. 343e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 343e. Repealed. Oct. 27, 1949, ch. 768, Sec. 3, 63 Stat. 940

-MISC1-

Section, act June 20, 1936, ch. 631, Sec. 1, 3, 49 Stat. 1553,

1554, related to extension of benefits of former sections 343a and

343b of this title to Alaska. See notes thereunder.

-CITE-

7 USC Sec. 343f, 343g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 343f, 343g. Repealed. June 26, 1953, ch. 157, Sec. 2, 67 Stat.

86

-MISC1-

Sections, act Aug. 28, 1937, ch. 878, Sec. 1, 2, 50 Stat. 881,

extended benefits of former section 343c of this title to Puerto

Rico, and for such purpose, authorized appropriations, commencing

with initial authorization of $88,000 for the fiscal year beginning

after August 28, 1937, and on an ascending scale thereafter, until

they amounted to $408,000 annually. See sections 341 to 343, 344

to 346, and 347a to 349 of this title.

-CITE-

7 USC Sec. 344 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 344. Ascertainment of entitlement of State to funds; time and

manner of payment; State reporting requirements; plans of work

-STATUTE-

(a) Ascertainment of entitlement

On or about the first day of October in each year after June 26,

1953, the Secretary of Agriculture shall ascertain as to each State

whether it is entitled to receive its share of the annual

appropriation for cooperative agricultural extension work under

this subchapter and the amount which it is entitled to receive.

Before the funds herein provided shall become available to any

college for any fiscal year, plans for the work to be carried on

under this subchapter shall be submitted by the proper officials of

each college and approved by the Secretary of Agriculture. The

Secretary shall ensure that each college seeking to receive funds

under this subchapter has in place appropriate guidelines, as

determined by the Secretary, to minimize actual or potential

conflicts of interest among employees of such college whose

salaries are funded in whole or in part with such funds.

(b) Time and manner of payment; related reports

The amount to which a State is entitled shall be paid in equal

quarterly payments in or about July, October, January, and April of

each year to the treasurer or other officer of the State duly

authorized by the laws of the State to receive the same, and such

officer shall be required to report to the Secretary of Agriculture

on or about the first day of April of each year, a detailed

statement of the amount so received during the previous fiscal year

and its disbursement, on forms prescribed by the Secretary of

Agriculture.

(c) Requirements related to plan of work

Each extension plan of work for a State required under subsection

(a) of this section shall contain descriptions of the following:

(1) The critical short-term, intermediate, and long-term

agricultural issues in the State and the current and planned

extension programs and projects targeted to address the issues.

(2) The process established to consult with extension users

regarding the identification of critical agricultural issues in

the State and the development of extension programs and projects

targeted to address the issues.

(3) The efforts made to identify and collaborate with 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 and the extent of current and

emerging efforts (including regional efforts) to work with those

other institutions.

(4) 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.

(5) The education and outreach programs already underway to

convey available research results that are pertinent to a

critical agricultural issue, including efforts to encourage

multicounty cooperation in the dissemination of research results.

(d) Extension protocols

(1) Development

The Secretary of Agriculture shall develop protocols to be used

to evaluate the success of multistate, multi-institutional, and

multidisciplinary extension activities and joint research and

extension activities in addressing critical agricultural issues

identified in the plans of work submitted under subsection (a) of

this section.

(2) Consultation

The Secretary of Agriculture shall develop the protocols in

consultation with the National Agricultural Research, Extension,

Education, and Economics Advisory Board established under section

3123 of this title and land-grant colleges and universities.

(e) Treatment of plans of work for other purposes

To the maximum extent practicable, the Secretary shall consider a

plan of work submitted under subsection (a) of this section to

satisfy other appropriate Federal reporting requirements.

-SOURCE-

(May 8, 1914, ch. 79, Sec. 4, 38 Stat. 374; June 26, 1953, ch. 157,

Sec. 1, 67 Stat. 85; Pub. L. 87-749, Sec. 1(f), Oct. 5, 1962, 76

Stat. 745; Pub. L. 94-273, Sec. 15, Apr. 21, 1976, 90 Stat. 379;

Pub. L. 101-624, title XVI, Sec. 1617, Nov. 28, 1990, 104 Stat.

3732; Pub. L. 105-185, title II, Sec. 202(a), June 23, 1998, 112

Stat. 531.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185 inserted section catchline, designated

existing provisions as subsecs. (a) and (b), inserted subsec.

headings, in subsec. (b) substituted ''The amount to which a State

is entitled'' for ''Such sums'', and added subsecs. (c) to (e).

1990 - Pub. L. 101-624 inserted after second sentence ''The

Secretary shall ensure that each college seeking to receive funds

under this subchapter has in place appropriate guidelines, as

determined by the Secretary, to minimize actual or potential

conflicts of interest among employees of such college whose

salaries are funded in whole or in part with such funds.''

1976 - Pub. L. 94-273 substituted ''of October'' for ''of July''

and ''of April'' for ''of January''.

1962 - Pub. L. 87-749 substituted ''quarterly payments in or

about July, October, January, and April'' for ''semiannual payments

on the first day of January and July'', and struck out '',

Territory or possession'' wherever appearing.

1953 - Act June 26, 1953, among other changes, inserted first two

sentences, inserted references to ''Territory, or possession''

after references to ''State,'' in sentence commencing ''Such

sums'', and in such sentence, struck out reference to payment by

the Secretary of the Treasury upon warrant of the Secretary of

Agriculture, and substituted ''January'' for ''September'' with

respect to submission of annual detailed statements.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-185, title II, Sec. 202(c), June 23, 1998, 112 Stat.

533, provided that: ''The amendments made by this section (amending

this section and section 361g of this title) take effect on October

1, 1999.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

7 USC Sec. 345 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 345. Replacement of diminished, lost or misapplied funds;

restrictions on use; reports of colleges

-STATUTE-

If any portion of the moneys received by the designated officer

of any State for the support and maintenance of cooperative

agricultural extension work, as provided in this subchapter, shall

by any action or contingency be diminished or lost or be

misapplied, it shall be replaced by said State and until so

replaced no subsequent appropriation shall be apportioned or paid

to said State. No portion of said moneys shall be applied, directly

or indirectly, to the purchase, erection, preservation, or repair

of any building or buildings, or the purchase or rental of land, or

in college-course teaching, lectures in college, or any other

purpose not specified in this subchapter. It shall be the duty of

said colleges, annually, on or about the first day of January, to

make to the Governor of the State in which it is located a full and

detailed report of its operations in extension work as defined in

this subchapter, including a detailed statement of receipts and

expenditures from all sources for this purpose, a copy of which

report shall be sent to the Secretary of Agriculture.

-SOURCE-

(May 8, 1914, ch. 79, Sec. 5, 38 Stat. 374; June 26, 1953, ch. 157,

Sec. 1, 67 Stat. 85; Pub. L. 87-749, Sec. 1(g), Oct. 5, 1962, 76

Stat. 745.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-749 struck out references to territories and

possessions wherever appearing.

1953 - Act June 26, 1953, among other changes, inserted

''Territory, or possession'' after ''State,'' wherever latter term

appeared, struck out provision that not more than five per centum

of each annual appropriation should be applied to the printing and

distribution of publications, and struck out the provision that

copies of the required reports should be sent to the Secretary of

the Treasury.

-CITE-

7 USC Sec. 346 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 346. Repealed. Pub. L. 105-185, title I, Sec. 103(f)(1), June

23, 1998, 112 Stat. 528

-MISC1-

Section, acts May 8, 1914, ch. 79, Sec. 6, 38 Stat. 374; June 26,

1953, ch. 157, Sec. 1, 67 Stat. 85; Pub. L. 87-749, Sec. 1(g), Oct.

5, 1962, 76 Stat. 745, related to report of nonentitlement to

President, retention of amount involved in Treasury, appeal from

determination, and disposition of sum.

-CITE-

7 USC Sec. 347 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 347. Repealed. Pub. L. 86-533, Sec. 1(21), June 29, 1960, 74

Stat. 249

-MISC1-

Section, acts May 8, 1914, ch. 79, Sec. 7, 38 Stat. 374; June 26,

1953, ch. 157, Sec. 1, 67 Stat. 85, required Secretary of

Agriculture to report to Congress receipts, expenditures, and

results of cooperative agriculture extension work in all States,

Territories, or possessions receiving benefits of sections 341 to

343, 344 to 346, and 347a to 349 of this title.

-CITE-

7 USC Sec. 347a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 347a. Disadvantaged agricultural areas

-STATUTE-

(a) Congressional findings

The Congress finds that there exists special circumstances in

certain agricultural areas which cause such areas to be at a

disadvantage insofar as agricultural development is concerned,

which circumstances include the following: (1) There is

concentration of farm families on farms either too small or too

unproductive or both; (2) such farm operators because of limited

productivity are unable to make adjustments and investments

required to establish profitable operations; (3) the productive

capacity of the existing farm unit does not permit profitable

employment of available labor; (4) because of limited resources,

many of these farm families are not able to make full use of

current extension programs designed for families operating economic

units nor are extension facilities adequate to provide the

assistance needed to produce desirable results.

(b) Appropriation

In order to further the purposes of section 342 of this title in

such areas and to encourage complementary development essential to

the welfare of such areas, there are authorized to be appropriated

such sums as the Congress from time to time shall determine to be

necessary for payments to the States on the basis of special needs

in such areas as determined by the Secretary of Agriculture.

(c) Assistance

In determining that the area has such special need, the Secretary

shall find that it has a substantial number of disadvantaged farms

or farm families for one or more of the reasons heretofore

enumerated. The Secretary shall make provisions for the assistance

to be extended to include one or more of the following: (1)

Intensive on-the-farm educational assistance to the farm family in

appraising and resolving its problems; (2) assistance and

counseling to local groups in appraising resources for capability

of improvement in agriculture or introduction of industry designed

to supplement farm income; (3) cooperation with other agencies and

groups in furnishing all possible information as to existing

employment opportunities, particularly to farm families having

under-employed workers; and (4) in cases where the farm family,

after analysis of its opportunities and existing resources, finds

it advisable to seek a new farming venture, the providing of

information, advice, and counsel in connection with making such

change.

(d) Allocation of funds

No more than 10 per centum of the sums available under this

section shall be allotted to any one State. The Secretary shall use

project proposals and plans of work submitted by the State

Extension directors as a basis for determining the allocation of

funds appropriated pursuant to this section.

(e) Appropriation as additional; limitation on amount

Sums appropriated pursuant to this section shall be in addition

to, and not in substitution for, appropriations otherwise available

under this subchapter. The amounts authorized to be appropriated

pursuant to this section shall not exceed a sum in any year equal

to 10 per centum of sums otherwise appropriated pursuant to this

subchapter.

-SOURCE-

(May 8, 1914, ch. 79, Sec. 8, as added Aug. 11, 1955, ch. 798, Sec.

1(a), 69 Stat. 683; amended Pub. L. 87-749, Sec. 1(h), Oct. 5,

1962, 76 Stat. 745.)

-MISC1-

PRIOR PROVISIONS

A prior section 8 of act May 8, 1914, was renumbered section 9

and is classified to section 348 of this title.

AMENDMENTS

1962 - Subsec. (b). Pub. L. 87-749 struck out '', Alaska, Hawaii,

and Puerto Rico'' before ''on the basis of''.

-CITE-

7 USC Sec. 348 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 348. Rules and regulations

-STATUTE-

The Secretary of Agriculture is authorized to make such rules and

regulations as may be necessary for carrying out the provisions of

this subchapter.

-SOURCE-

(May 8, 1914, ch. 79, Sec. 9, formerly Sec. 8, 38 Stat. 374; June

26, 1953, ch. 157, Sec. 1, 67 Stat. 85; renumbered Sec. 9, Aug. 11,

1955, ch. 798, Sec. 1(b), 69 Stat. 684.)

-MISC1-

AMENDMENTS

1953 - Act June 26, 1953, substituted provisions for rules and

regulations for provisions empowering Congress to alter, amend, or

repeal sections 341 to 343 and 344 to 348 of this title at any

time.

-CITE-

7 USC Sec. 349 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES

SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION

-HEAD-

Sec. 349. ''State'' defined

-STATUTE-

The term ''State'' means the States of the Union, Puerto Rico,

the Virgin Islands, Guam and the Northern Mariana Islands.

-SOURCE-

(May 8, 1914, ch. 79, Sec. 10, as added Pub. L. 87-749, Sec. 1(i),

Oct. 5, 1962, 76 Stat. 745; amended Pub. L. 92-318, title V, Sec.

506(h), June 23, 1972, 86 Stat. 351; Pub. L. 99-396, Sec. 9(f),

Aug. 27, 1986, 100 Stat. 840.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-396 amended section generally, expanding

definition of ''State'' to include the Northern Mariana Islands.

1972 - Pub. L. 92-318 inserted reference to Virgin Islands and

Guam.

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 a note under section

326a of this title.

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