Legislación
US (United States) Code. Title 7. Chapter 13: Agricultural and mechanical colleges
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7 USC CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES 01/06/03
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TITLE 7 - AGRICULTURE
CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES
.
-HEAD-
CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES
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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 Repealed.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 Repealed.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 Repealed or Transferred.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 Repealed.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.
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7 USC SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION 01/06/03
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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.
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7 USC Sec. 301 01/06/03
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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.
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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.
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7 USC Sec. 302 01/06/03
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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.
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7 USC Sec. 303 01/06/03
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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.)
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7 USC Sec. 304 01/06/03
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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.
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7 USC Sec. 305 01/06/03
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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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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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