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7 USC CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

.

-HEAD-

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

361. Repealed.

361a. Congressional declaration of purpose; definitions.

361b. Congressional statement of policy; researches, investigations

and experiments.

361c. Authorization of appropriations and allotments of grants.

(a) Authorization.

(b) Allotments to States; authorization of

appropriations for Virgin Islands and Guam;

limitation.

(c) Allotment of additional sums.

(d) Matching funds.

(e) ''Administration'' defined.

(f) Adjustment of payments.

(g) Reductions and reapportionments.

(h) Peer review and plan of work.

(i) Integration of research and extension.

361d. Use of funds.

361e. Payment of allotments to State agricultural experiment

stations; directors and treasurers or other officers; accounting;

reports to Secretary; replacement by States of diminished, lost

or misapplied allotments; subsequent allotments or payments

contingent on such replacement.

361f. Publications of experiment stations; free mailing.

361g. Duties of Secretary; ascertainment of entitlement of State to

funds; plans of work.

(a) Duties of Secretary.

(b) Ascertainment of entitlement.

(c) Carryover.

(d) Plan of work required.

(e) Requirements related to plan of work.

(f) Research protocols.

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

361h. Relation of college or university to State unaffected;

division of appropriations.

361i. Power to amend, repeal, etc., reserved.

362 to 383. Transferred, Repealed, or Omitted.

384. Card index of agricultural literature; copies to be furnished

by Secretary.

385. South Carolina Experiment Station; cooperation by Secretary of

Agriculture; lump sum appropriation.

385a. Authorization of appropriations.

386 to 386g. Repealed.

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

387. Station for semi-arid or dry-land regions; establishment.

387a. Authorization of appropriations.

388. Station for southern Great Plains area; establishment.

388a. Authorization of appropriations.

389. Transfer of certain dry land and irrigation field stations to

States.

389a. Conditions of transfer of dry land and irrigation field

stations; reservation of mineral rights.

SUBCHAPTER III - RESEARCH FACILITIES

390. Definitions.

390a. Review process.

(a) Submission to Secretary.

(b) Application process.

(c) Criteria for approval.

(d) Evaluation of proposals.

(e) National or multistate needs served by ARS

facilities.

390b. Repealed.

390c. Applicability of Federal Advisory Committee Act.

390d. Authorization of appropriations.

(a) In general.

(b) Allowable administrative costs.

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7 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

Sections 361a to 361i, commonly known as the Hatch Act of 1887,

are referred to in sections 384, 418, 450i, 3103, 3124a, 3311, 7672

of this title; title 16 section 582a-1; title 40 section 525.

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7 USC Sec. 361 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361. Repealed. Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat. 674

-MISC1-

Section, acts Mar. 16, 1906, ch. 951, Sec. 4, 34 Stat. 64; Feb.

24, 1925, ch. 308, Sec. 4, 43 Stat. 971, provided for the

administration of the agricultural experiment station program. See

section 361g of this title.

EXISTING RIGHTS AND LIABILITIES

Section 2 of act Aug. 11, 1955, which repealed sections 361, 364,

366, 369, 369a, 371 to 376, 380, 382, 383, 386 to 386f, 427a to

427h, and 427j of this title, provided in part that any rights or

liabilities existing under such repealed sections or parts of

sections should not be affected by their repeal.

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7 USC Sec. 361a 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361a. Congressional declaration of purpose; definitions

-STATUTE-

It is the policy of Congress to continue the agricultural

research at State agricultural experiment stations which has been

encouraged and supported by the Hatch Act of 1887 (7 U.S.C. 361a et

seq.), the Adams Act of 1906, the Purnell Act of 1925, the

Bankhead-Jones Act of 1935, and title I, section 9, of that Act as

added by the Act of August 14, 1946, and Acts amendatory and

supplementary thereto, and to promote the efficiency of such

research by a codification and simplification of such laws. As

used in this Act (7 U.S.C. 361a et seq.), the terms ''State'' or

''States'' are defined to include the several States (including the

District of Columbia), Puerto Rico, Guam and the Virgin Islands. As

used in this Act (7 U.S.C. 361a et seq.), the term ''State

agricultural experiment station'' means a department which shall

have been established, under direction of the college or university

or agricultural departments of the college or university in each

State in accordance with an Act approved July 2, 1862, (12 Stat.

503), 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'' (7 U.S.C. 301 et seq.); or such

other substantially equivalent arrangements as any State shall

determine.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 1, 24 Stat. 440; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 671; Pub. L. 92-318, title V, Sec. 506(k),

June 23, 1972, 86 Stat. 351; Pub. L. 93-471, title II, Sec. 208(e),

Oct. 26, 1974, 88 Stat. 1429; Pub. L. 105-185, title II, Sec.

203(c)(1), June 23, 1998, 112 Stat. 534.)

-REFTEXT-

REFERENCES IN TEXT

The Hatch Act of 1887, referred to in text, is act Mar. 2, 1887,

ch. 314, 24 Stat. 440, as amended, which is classified generally to

sections 361a to 361i of this title. For complete classification

of this act to the Code, see Short Title note set out below, and

Tables.

The Adams Act of 1906, referred to in text, is act Mar. 16, 1906,

ch. 951, 34 Stat. 63, as amended, which was classified to sections

361, 366, 369, 371, 373 to 376, 380, and 382 of this title, and was

repealed by act Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat. 674. For

complete classification of this Act to the Code prior to repeal,

see Tables.

The Purnell Act of 1925, referred to in text, is act Feb. 24,

1925, ch. 308, 43 Stat. 970, as amended, which was classified to

sections 361, 366, 370, 371, 373 to 376, 380, and 382 of this

title, and was repealed by act Aug. 11, 1955, ch. 790, Sec. 2, 69

Stat. 674. For complete classification of this Act to the Code

prior to repeal, see Tables.

The Bankhead-Jones Act of 1935, referred to in text, is act June

29, 1935, ch. 338, 49 Stat. 436, as amended, which was classified

principally to sections 329 and 427 to 427j of this title, and was

repealed by act Aug. 11, 1966, ch. 790, Sec. 2, 69 Stat. 674,

except for sections 1, 10, and 22 of the Act, which are classified

to sections 427, 427i, and 329 of this title, respectively. For

complete classification of this Act to the Code, see Tables.

Title I, section 9, of that Act, referred to in text, was

classified to section 427h of this title prior to repeal.

The Act approved July 2, 1862 (12 Stat. 503), referred to in

text, is act July 2, 1862, ch. 130, 12 Stat. 503, as amended,

popularly known as the ''Morrill Act'' and also as the ''First

Morrill Act'', which is classified generally to subchapter I of

chapter 13 (Sec. 301 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 301 of this Act and Tables.

-COD-

CODIFICATION

Section 208 of Pub. L. 93-471, cited as a credit to this section,

was renumbered section ''209'' by D.C. Law 1-36, Sec. 4, Nov. 1,

1975, 22 DCR 2911.

Section was formerly classified to section 362 of this title.

-MISC3-

AMENDMENTS

1998 - Pub. L. 105-185 struck out ''Alaska, Hawaii,'' before

''Puerto Rico'' in second sentence.

1974 - Pub. L. 93-471 defined ''State'' to include the District

of Columbia.

1972 - Pub. L. 92-318 defined ''State'' to include Guam and the

Virgin Islands.

1955 - Act Aug. 11, 1955, amended section generally to continue

agricultural research at the agricultural experiment stations, to

restate the declaration of purpose, and to insert definitions of

''State'' and ''State agricultural experiment station.'' Former

provisions which required division of appropriations between

colleges of same state are now contained in section 361h of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-471 effective July 1, 1975, unless Pub.

L. 93-471 repealed by District of Columbia Council after Jan. 2,

1975, and prior to July 1, 1975; or such amendment by Pub. L.

93-471, as amended by the District Council, also effective July 1,

1975, or some other date prescribed by the Council as authorized

under provisions of section 407 of Pub. L. 93-471.

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.

SHORT TITLE

Act Mar. 2, 1887, ch. 314, Sec. 10, as added by Pub. L. 105-185,

Sec. 3(b), June 23, 1998, 112 Stat. 526, provided that: ''This Act

(enacting sections 361a to 361i of this title) may be cited as the

'Hatch Act of 1887'.''

ARLINGTON ESTATE

Besides the provisions establishing agricultural experiment

stations, contained in act Mar. 2, 1887, a portion of the Arlington

estate in the State of Virginia was set apart for experimental

agricultural purposes by act April 18, 1900, ch. 243, 31 Stat. 135,

and provisions for establishing and maintaining a general

experimental farm and agricultural station thereon were made by the

subsequent agricultural appropriation acts.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding section 491 of Title 48.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 361c, 361d, 361e, 361g,

361h, 361i, 418, 2664 of this title; title 16 section 582a-1.

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7 USC Sec. 361b 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361b. Congressional statement of policy; researches,

investigations and experiments

-STATUTE-

It is further the policy of the Congress to promote the efficient

production, marketing, distribution, and utilization of products of

the farm as essential to the health and welfare of our peoples and

to promote a sound and prosperous agriculture and rural life as

indispensable to the maintenance of maximum employment and national

prosperity and security. It is also the intent of Congress to

assure agriculture a position in research equal to that of

industry, which will aid in maintaining an equitable balance

between agriculture and other segments of our economy. It shall be

the object and duty of the State agricultural experiment stations

through the expenditure of the appropriations hereinafter

authorized to conduct original and other researches,

investigations, and experiments bearing directly on and

contributing to the establishment and maintenance of a permanent

and effective agricultural industry of the United States, including

researches basic to the problems of agriculture in its broadest

aspects, and such investigations as have for their purpose the

development and improvement of the rural home and rural life and

the maximum contribution by agriculture to the welfare of the

consumer, as may be deemed advisable, having due regard to the

varying conditions and needs of the respective States.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 2, 24 Stat. 440; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 671.)

-COD-

CODIFICATION

Section was formerly classified to section 363 of this title.

-MISC3-

AMENDMENTS

1955 - Act Aug. 11, 1955, amended section generally to restate

the policy of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 361d, 361g of this title.

-CITE-

7 USC Sec. 361c 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361c. Authorization of appropriations and allotments of grants

-STATUTE-

(a) Authorization

There are authorized to be appropriated for the purposes of

sections 361a to 361i of this title such sums as Congress may from

time to time determine to be necessary.

(b) Allotments to States; authorization of appropriations for

Virgin Islands and Guam; limitation

(1) Out of such sums each State shall be entitled to receive

annually a sum of money equal to and subject to the same

requirement as to use for marketing research projects as the sums

received from Federal appropriations for State agricultural

experiment stations for the fiscal year 1955, except that amounts

heretofore made available from the fund known as the ''Regional

research fund, Office of Experiment Stations'' shall continue to be

available for the support of cooperative regional projects as

defined in subsection (c)(3) of this section, and the said fund

shall be designated ''Regional research fund, State agricultural

experiment stations,'' and the Secretary of Agriculture shall be

entitled to receive annually for the administration of sections

361a to 361i of this title, a sum not less than that available for

this purpose for the fiscal year ending June 30, 1955: Provided,

That if the appropriations hereunder available for distribution in

any fiscal year are less than those for the fiscal year 1955 the

allotment to each State and the amounts for Federal administration

and the regional research fund shall be reduced in proportion to

the amount of such reduction.

(2) There is authorized to be appropriated for the fiscal year

ending June 30, 1973, and for each fiscal year thereafter, for

payment to the Virgin Islands and Guam, $100,000 each, which sums

shall be in addition to the sums appropriated for the several

States of the United States and Puerto Rico under the provisions of

this section. The amount paid by the Federal Government to the

Virgin Islands and Guam pursuant to this paragraph shall not exceed

during any fiscal year, except the fiscal years ending June 30,

1971, and June 30, 1972, when such amount may be used to pay the

total cost of providing services pursuant to sections 361a to 361i

of this title, the amount available and budgeted for expenditure by

the Virgin Islands and Guam for the purposes of such sections.

(c) Allotment of additional sums

Any sums made available by the Congress in addition to those

provided for in subsection (b) of this section for State

agricultural experiment station work shall be distributed as

follows:

(1) Twenty per centum shall be allotted equally to each State;

(2) Not less than 52 per centum of such sums shall be allotted

to each State, as follows: One-half in an amount which bears the

same ratio to the total amount to be allotted as the rural

population of the State bears to the total rural population of

all the States as determined by the last preceding decennial

census current at the time each such additional sum is first

appropriated; and one-half in an amount which bears the same

ratio to the total amount to be allotted as the farm population

of the State bears to the total farm population of all the States

as determined by the last preceding decennial census current at

the time such additional sum is first appropriated;

(3) Not less than 25 percent shall be allotted to the States

for cooperative research employing multidisciplinary approaches

in which a State agricultural experiment station, working with

another State agricultural experiment station, the Agricultural

Research Service, or a college or university, cooperates to solve

problems that concern more than 1 State. The funds available

under this paragraph, together with the funds available under

subsection (b) of this section for a similar purpose, shall be

designated as the ''Multistate Research Fund, State Agricultural

Experiment Stations''.

(4) Three per centum shall be available to the Secretary of

Agriculture for administration of sections 361a to 361i of this

title. These administrative funds may be used for transportation

of scientists who are not officers or employees of the United

States to research meetings convened for the purpose of assessing

research opportunities or research planning.

(d) Matching funds

(1) Requirement

Except as provided in paragraph (4), no allotment shall be made

to a State under subsection (b) or (c) of this section, and no

payments from the allotment shall be made to a State, in excess

of the amount that the State makes available out of non-Federal

funds for agricultural research and for the establishment and

maintenance of facilities for the performance of the research.

(2) Failure to provide matching funds

If a State fails to comply with the requirement to provide

matching funds for a fiscal year under paragraph (1), the

Secretary of Agriculture shall withhold from payment to the State

for that fiscal year an amount equal to the difference between -

(A) the amount that would be allotted and paid to the State

under subsections (b) and (c) of this section (if the full

amount of matching funds were provided by the State); and

(B) the amount of matching funds actually provided by the

State.

(3) Reapportionment

(A) In general

The Secretary of Agriculture shall reapportion amounts

withheld under paragraph (2) for a fiscal year among the States

satisfying the matching requirement for that fiscal year.

(B) Matching requirement

Any reapportionment of funds under this paragraph shall be

subject to the matching requirement specified in paragraph (1).

(4) 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.

(e) ''Administration'' defined

''Administration'' as used in this section shall include

participation in planning and coordinating cooperative regional

research as defined in subsection (c)(3) of this section.

(f) Adjustment of payments

In making payments to States, the Secretary of Agriculture is

authorized to adjust any such payment to the nearest dollar.

(g) Reductions and reapportionments

If in any year the amount made available by a State from its own

funds (including any revenue-sharing funds) to a State agricultural

experiment station is reduced because of an increase in the

allotment made available under sections 361a to 361i of this title,

the allotment to the State agricultural experiment station from the

appropriation in the next succeeding fiscal year shall be reduced

in an equivalent amount. The Secretary shall reapportion the

amount of such reduction to other States for use by their

agricultural experiment stations.

(h) Peer review and plan of work

(1) Peer review

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

shall be subject to scientific peer review. The review of a

project conducted under this paragraph shall be considered to

satisfy the merit review requirements of section 7613(e) of this

title.

(2) Plan of work

The State shall include in the plan of work of the State

required under section 361g of this title a description of the

manner in which the State will meet the requirements of

subsection (c)(3) of this section.

(i) Integration of research and extension

(1) In general

Not less than the applicable percentage specified under

paragraph (2) of the Federal formula funds that are paid under

sections 361a to 361i of this title and subsections (b) and (c)

of section 343 of this title to colleges and universities

eligible to receive funds under the Act of July 2, 1862 (12 Stat.

503, chapter 130; 7 U.S.C. 301 et seq.), during a fiscal year

shall be expended for activities that integrate cooperative

research and extension (referred to in this subsection as

''integrated activities'').

(2) Applicable percentages

(A) 1997 expenditures on multistate activities

Of the Federal formula funds that were paid to each State for

fiscal year 1997 under sections 361a to 361i of this title and

subsections (b) and (c) of section 343 of this title, the

Secretary of Agriculture shall determine the percentage that

the State expended for integrated activities.

(B) Required expenditures on multistate activities

Of the Federal formula funds that are paid to each State for

fiscal year 2000 and each subsequent fiscal year under sections

361a to 361i of this title and subsections (b) and (c) of

section 343 of this title, the State shall expend for the

fiscal year for integrated activities a percentage that is at

least equal to the lesser of -

(i) 25 percent; or

(ii) twice the percentage for the State determined under

subparagraph (A).

(C) Reduction by Secretary

The Secretary of Agriculture may reduce the minimum

percentage required to be expended by a State for integrated

activities under subparagraph (B) in a case of hardship,

infeasibility, or other similar circumstance beyond the control

of the State, as determined by the Secretary.

(D) Plan of work

The State shall include in the plan of work of the State

required under section 361g of this title or section 344 of

this title, as applicable, a description of the manner in which

the State will meet the requirements of this paragraph.

(3) Applicability

This subsection does not apply to funds provided -

(A) by a State or local government pursuant to a matching

requirement;

(B) to a 1994 Institution (as defined in section 532 of the

Equity in Educational Land-Grant Status Act of 1994 (Public Law

103-382; 7 U.S.C. 301 note)); or

(C) to the Commonwealth of Puerto Rico, the Virgin Islands,

or Guam.

(4) Relationship to other requirements

Federal formula funds described in paragraph (1) that are used

by a State for a fiscal year for integrated activities in

accordance with paragraph (2)(B) may also be used to satisfy the

multistate activities requirements of subsection (c)(3) of this

section and section 343(h) of this title for the same fiscal

year.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 3, 24 Stat. 441; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 671; Pub. L. 92-318, title V, Sec. 506(l),

June 23, 1972, 86 Stat. 351; Pub. L. 95-113, title XIV, Sec. 1466,

Sept. 29, 1977, 91 Stat. 1018; Pub. L. 97-98, title XIV, Sec.

1442(a), Dec. 22, 1981, 95 Stat. 1321; Pub. L. 101-624, title XVI,

Sec. 1618(a), Nov. 28, 1990, 104 Stat. 3733; Pub. L. 104-127, title

VIII, Sec. 869, Apr. 4, 1996, 110 Stat. 1175; Pub. L. 105-185,

title I, Sec. 104, title II, Sec. 203(a), 204(a), June 23, 1998,

112 Stat. 529, 533, 535; Pub. L. 105-277, div. A, Sec. 101(a)

(title VII, Sec. 753(d)), Oct. 21, 1998, 112 Stat. 2681, 2681-33;

Pub. L. 107-171, title VII, Sec. 7213(a), May 13, 2002, 116 Stat.

448.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 2, 1862, referred to in subsec. (i)(1), is act July

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

First Morrill Act, which is classified generally to subchapter I

(Sec. 301 et seq.) of chapter 13 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 301 of this title and Tables.

-COD-

CODIFICATION

Section is based on first sentence of section 3 of act Mar. 2,

1887, which was formerly classified to section 368 of this title.

See section 361g of this title. The second sentence of said

section 3 was reenacted in act Feb. 24, 1925, ch. 308, Sec. 3, 43

Stat. 971, and was classified to former section 366 of this title

which was repealed by act Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat.

674.

-MISC3-

AMENDMENTS

2002 - Subsec. (d)(4). Pub. L. 107-171 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. 104(b)(1), made

technical amendment to reference in original act which appears in

text as reference to subsection (c)(3) of this section.

Subsec. (c)(1), (2). Pub. L. 105-185, Sec. 104(a)(1)(A),

redesignated pars. 1 and 2 as (1) and (2), respectively.

Subsec. (c)(3). Pub. L. 105-185, Sec. 104(a)(1)(B), added par.

(3) and struck out former par. (3) which read as follows: ''Not

more than 25 per centum shall be allotted to the States for

cooperative research in which two or more State agricultural

experiment stations are cooperating to solve problems that concern

the agriculture of more than one State. The funds available for

such purposes, together with funds available pursuant to subsection

(b) of this section for like purpose shall be designated as the

'Regional research fund, State agricultural experiment

stations';''.

Pub. L. 105-185, Sec. 104(a)(1)(A), redesignated par. 3 as (3).

Subsec. (c)(4), (5). Pub. L. 105-185, Sec. 104(a)(1)(A),

redesignated par. 5 as (4).

Subsec. (d). Pub. L. 105-185, Sec. 203(a), added subsec. (d) and

struck out former subsec. (d) which read as follows: ''Of any

amount in excess of $90,000 available under sections 361a to 361i

of this title for allotment to any State, exclusive of the regional

research fund, State agricultural experiment stations, no allotment

and no payments thereof shall be made in excess of the amount which

the State makes available out of its own funds for research and for

the establishment and maintenance of facilities necessary for the

prosecution of such research: And provided further, That if any

State fails to make available for such research purposes for any

fiscal year a sum equal to the amount in excess of $90,000 to which

it may be entitled for such year, the remainder of such amount

shall be withheld by the Secretary of Agriculture and reapportioned

among the States.''

Subsec. (d)(1). Pub. L. 105-277, Sec. 101(a) (title VII, Sec.

753(d)(1)), substituted ''Except as provided in paragraph (4), no''

for ''No''.

Subsec. (d)(4). Pub. L. 105-277, Sec. 101(a) (title VII, Sec.

753(d)(2)), added par. (4).

Subsec. (e). Pub. L. 105-185, Sec. 104(b)(2), substituted

''subsection (c)(3)'' for ''subsection (c)3''.

Subsec. (h). Pub. L. 105-185, Sec. 104(a)(2), added subsec. (h).

Subsec. (i). Pub. L. 105-185, Sec. 204(a), added subsec. (i).

1996 - Subsec. (c)(3). Pub. L. 104-127 struck out '', and shall

be used only for such cooperative regional projects as are

recommended by a committee of nine persons elected by and

representing the directors of the State agricultural experiment

stations, and approved by the Secretary of Agriculture. The

necessary travel expenses of the committee of nine persons in

performance of their duties may be paid from the fund established

by this paragraph'' before semicolon at end.

1990 - Subsec. (d). Pub. L. 101-624 inserted before period at end

''and reapportioned among the States''.

1981 - Subsec. (g). Pub. L. 97-98 added subsec. (g).

1977 - Subsec. (c)(4). Pub. L. 95-113, Sec. 1466(a), struck out

par. (4) which provided that not less than 20 per centum of any

sums appropriated pursuant to subsec. (c) for distribution to

States be used for conducting marketing research projects approved

by the Department of Agriculture.

Subsec. (c)(5). Pub. L. 95-113, Sec. 1466(b), inserted provision

authorizing the use of administrative funds for the transportation

of scientists who are not officers or employees of the United

States to research meetings convened for the purpose of assessing

research opportunities or research planning.

1972 - Subsec. (b). Pub. L. 92-318 designated existing provisions

as par. (1) and added par. (2).

1955 - Act Aug. 11, 1955, amended section generally to authorize

appropriations and to provide for allotment of grants. For

provisions which related to advice and assistance by the Secretary

of Agriculture, see section 361g of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective June 23, 1998, see section

101(a) (title VII, Sec. 753(f)) of Pub. L. 105-277, set out as a

note under section 343 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-318 effective after June 30, 1970, see

section 506(n) of Pub. L. 92-318, set out as an Effective Date note

under section 326a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 343, 361g, 3222 of this

title.

-CITE-

7 USC Sec. 361d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361d. Use of funds

-STATUTE-

Moneys appropriated pursuant to sections 361a to 361i of this

title shall also be available, in addition to meeting expenses for

research and investigations conducted under authority of section

361b of this title, for printing and disseminating the results of

such research, retirement of employees subject to the provisions of

section 331 of this title, administrative planning and direction,

and for the purchase and rental of land and the construction,

acquisition, alteration, or repair of buildings necessary for

conducting research. The State agricultural experiment stations

are authorized to plan and conduct any research authorized under

section 361b of this title in cooperation with each other and such

other agencies and individuals as may contribute to the solution of

the agricultural problems involved, and moneys appropriated

pursuant to sections 361a to 361i of this title shall be available

for paying the necessary expenses of planning, coordinating, and

conducting such cooperative research.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 4, 24 Stat. 441; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 672.)

-COD-

CODIFICATION

Section was formerly classified to section 365 of this title.

-MISC3-

AMENDMENTS

1955 - Act Aug. 11, 1955, amended section generally to provide

for printing and disseminating the results of research, retirement

of employees, administrative planning and direction, purchase and

rental of land, and the construction, acquisition, alteration, or

repair of buildings necessary for conducting research. Former

provisions which related to issuance and free mailing of

publications are now contained in section 361f of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 361g of this title.

-CITE-

7 USC Sec. 361e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361e. Payment of allotments to State agricultural experiment

stations; directors and treasurers or other officers;

accounting; reports to Secretary; replacement by States of

diminished, lost or misapplied allotments; subsequent

allotments or payments contingent on such replacement

-STATUTE-

Sums available for allotment to the States under the terms of

sections 361a to 361i of this title, excluding the Multistate

Research Fund, State Agricultural Experiment Stations, shall be

paid to each State agricultural experiment station in equal

quarterly payments beginning on the first day of October of each

fiscal year upon vouchers approved by the Secretary of Agriculture.

Each such station authorized to receive allotted funds shall have a

chief administrative officer known as a director, and a treasurer

or other officer appointed by the governing board of the station.

Such treasurer or other officer shall receive and account for all

funds allotted to the State under the provisions of sections 361a

to 361i of this title and shall report, with the approval of the

director, to the Secretary of Agriculture on or before the first

day of December of each year a detailed statement of the amount

received under provisions of said sections during the preceding

fiscal year, and of its disbursement on schedules prescribed by the

Secretary of Agriculture. If any portion of the allotted moneys

received by the authorized receiving officer of any State

agricultural experiment station shall by any action or contingency

be diminished, lost, or misapplied, it shall be replaced by the

State concerned and until so replaced no subsequent appropriation

shall be allotted or paid to such State.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 5, 24 Stat. 441; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 673; Pub. L. 94-273, Sec. 9(2), Apr. 21,

1976, 90 Stat. 378; Pub. L. 105-185, title II, Sec. 203(c)(3), June

23, 1998, 112 Stat. 535.)

-COD-

CODIFICATION

Section was formerly classified to section 368a of this title.

See sections 361c and 361d of this title.

-MISC3-

AMENDMENTS

1998 - Pub. L. 105-185, Sec. 203(c)(3), substituted ''Multistate

Research Fund, State Agricultural Experiment Stations'' for

''regional research fund authorized by section 361c(c)(3) of this

title'' in first sentence.

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

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

1955 - Act Aug. 11, 1955, amended section generally to provide

for quarterly payment of allotments, to require annual report of

allotments and disbursements, and to provide for replacement of

funds diminished, lost, or misapplied. For provisions which

authorized appropriations for investigations and experiments, see

sections 361c and 361d of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 361g of this title.

-CITE-

7 USC Sec. 361f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361f. Publications of experiment stations; free mailing

-STATUTE-

Bulletins, reports, periodicals, reprints of articles, and other

publications necessary for the dissemination of results of the

researches and experiments, including lists of publications

available for distribution by the experiment stations, shall be

transmitted in the mails of the United States under penalty

indicia: Provided, however, That each publication shall bear such

indicia as are prescribed by the United States Postal Service and

shall be mailed under such regulations as the United States Postal

Service may from time to time prescribe. Such publications may be

mailed from the principal place of business of the station or from

an established subunit of said station.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 6, 24 Stat. 441; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 673; Pub. L. 91-375, Sec. 4(a), Aug. 12,

1970, 84 Stat. 773.)

-COD-

CODIFICATION

Section was formerly classified to section 377 of this title.

See section 361g of this title.

-MISC3-

AMENDMENTS

1955 - Act Aug. 11, 1955, amended section generally to authorize

free mailing of publications by the agricultural experiment

stations. For provisions which related to the unexpended balance

of annual appropriation, see section 361g of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''United States Postal Service'' substituted in text for

''Postmaster General'' pursuant to Pub. L. 91-375, Sec. 4(a), Aug.

12, 1970, 84 Stat. 773, set out as a note under section 201 of

Title 39, Postal Service, which abolished office of Postmaster

General of Post Office Department and transferred its functions to

United States Postal Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 361g of this title.

-CITE-

7 USC Sec. 361g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361g. Duties of Secretary; ascertainment of entitlement of

State to funds; plans of work

-STATUTE-

(a) Duties of Secretary

The Secretary of Agriculture is charged with the responsibility

for the proper administration of sections 361a to 361i of this

title, and is authorized and directed to prescribe such rules and

regulations as may be necessary to carry out its provisions. It

shall be the duty of the Secretary to furnish such advice and

assistance as will best promote the purposes of said sections,

including participation in coordination of research initiated under

said sections by the State agricultural experiment stations, from

time to time to indicate such lines of inquiry as to him seem most

important, and to encourage and assist in the establishment and

maintenance of cooperation by and between the several State

agricultural experiment stations, and between the stations and the

United States Department of Agriculture.

(b) Ascertainment of entitlement

On or before the first day of October in each year after the

passage of sections 361a to 361i of this title, the Secretary of

Agriculture shall ascertain as to each State whether it is entitled

to receive its share of the annual appropriations for agricultural

experiment stations under said sections and the amount which

thereupon each is entitled, respectively, to receive.

(c) Carryover

(1) In general

The balance of any annual funds provided under sections 361a to

361i of this title to a State agricultural experiment station for

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

year may be carried over for use during the following fiscal

year.

(2) Failure to expend full allotment

(A) In general

If any unexpended balance carried over by a State is not

expended by the end of the second fiscal year, an amount equal

to the unexpended balance shall be deducted from the next

succeeding annual allotment to the State.

(B) Redistribution

Federal funds that are deducted under subparagraph (A) for a

fiscal year shall be redistributed by the Secretary in

accordance with the formula set forth in section 361c(c) of

this title to those States for which no deduction under

subparagraph (A) has been taken for that fiscal year.

(d) Plan of work required

Before funds may be provided to a State under sections 361a to

361i of this title for any fiscal year, a plan of work to be

carried out under sections 361a to 361i of this title shall be

submitted by the proper officials of the State and shall be

approved by the Secretary of Agriculture.

(e) Requirements related to plan of work

Each plan of work for a State required under subsection (d) 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

research programs and projects targeted to address the issues.

(2) The process established to consult with users of

agricultural research regarding the identification of critical

agricultural issues in the State and the development of research

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.

(f) Research protocols

(1) Development

The Secretary of Agriculture shall develop protocols to be used

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

multidisciplinary research activities and joint research and

extension activities in addressing critical agricultural issues

identified in the plans of work submitted under subsection (d) 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.

(g) Treatment of plans of work for other purposes

To the maximum extent practicable, the Secretary shall consider a

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

satisfy other appropriate Federal reporting requirements.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 7, 24 Stat. 441; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 673; Pub. L. 86-533, Sec. 1(22), June 29,

1960, 74 Stat. 249; Pub. L. 94-273, Sec. 3(2), Apr. 21, 1976, 90

Stat. 376; Pub. L. 105-185, title I, Sec. 103(f)(2), title II, Sec.

202(b), June 23, 1998, 112 Stat. 528, 532; Pub. L. 107-171, title

VII, Sec. 7202, May 13, 2002, 116 Stat. 437.)

-COD-

CODIFICATION

Section was formerly classified to section 379 of this title.

See section 361h of this title.

-MISC3-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-171 added subsec. (c) and struck

out heading and text of former subsec. (c). Text read as follows:

''Whenever it shall appear to the Secretary of Agriculture from the

annual statement of receipts and expenditures of funds by any State

agricultural experiment station that any portion of the preceding

annual appropriation allotted to that station under sections 361a

to 361i of this title remains unexpended, such amount shall be

deducted from the next succeeding annual allotment to the State

concerned.''

1998 - Pub. L. 105-185, Sec. 202(b), inserted section catchline,

designated existing provisions as subsecs. (a) to (c), inserted

subsec. headings, and added subsecs. (d) to (g).

Pub. L. 105-185, Sec. 103(f)(2), struck out at end ''If the

Secretary of Agriculture shall withhold from any State any portion

of the appropriations available for allotment, 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. If the next Congress shall not direct such sum

to be paid, it shall be carried to surplus.''

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

second par.

1960 - Pub. L. 86-533 repealed provisions which required the

Secretary of Agriculture to make a report to the Congress of the

receipts, expenditures and work of the agricultural experiment

stations in all the States under the provisions of sections 361a to

361i of this title.

1955 - Act Aug. 11, 1955, amended section generally to prescribe

the powers and duties of the Secretary of Agriculture, to provide

for the determination of the amount of entitlement, to authorize

deduction of unexpended balances, and to require reports. For

provisions which stated that the relation of the college to the

State was unaffected, see section 361h of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 202(b) of Pub. L. 105-185 effective Oct. 1,

1999, see section 202(c) of Pub. L. 105-185, set out as a note

under section 344 of this title.

-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 section 361c of this title.

-CITE-

7 USC Sec. 361h 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361h. Relation of college or university to State unaffected;

division of appropriations

-STATUTE-

Nothing in sections 361a to 361i of this title shall be construed

to impair or modify the legal relation existing between any of the

colleges or universities under whose direction State agricultural

experiment stations have been established and the government of the

States in which they are respectively located. States having

agricultural experiment stations separate from such colleges or

universities and established by law, shall be authorized to apply

such benefits to research at stations so established by such

States: Provided, That in any State in which more than one such

college, university, or agricultural experiment station has been

established the appropriations made pursuant to sections 361a to

361i of this title for such State shall be divided between such

institutions as the legislature of such State shall direct.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 8, 24 Stat. 441; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 674.)

-COD-

CODIFICATION

Section was formerly classified to section 378 of this title.

-MISC3-

AMENDMENTS

1955 - Act Aug. 11, 1955, amended section generally to provide

that the relation between the college and the State is to be

unaffected, and to require division of appropriations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 361g of this title.

-CITE-

7 USC Sec. 361i 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 361i. Power to amend, repeal, etc., reserved

-STATUTE-

The Congress may at any time, amend, suspend, or repeal any or

all of the provisions of sections 361a to 361i of this title.

-SOURCE-

(Mar. 2, 1887, ch. 314, Sec. 9, 24 Stat. 442; Aug. 11, 1955, ch.

790, Sec. 1, 69 Stat. 674.)

-COD-

CODIFICATION

Section was formerly classified to section 368b of this title.

The provisions of section 368b were eliminated from section 361i of

this title.

-MISC3-

AMENDMENTS

1955 - Act Aug. 11, 1955, amended section generally to reserve

the right to Congress to amend, suspend, or repeal any or all of

the provisions of sections 361a to 361i of this title, and to

strike out provisions which subjected grants of moneys to the

legislative assent of the several States and Territories.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 361c, 361d, 361e, 361g,

361h of this title.

-CITE-

7 USC Sec. 362, 363 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 362, 363. Transferred

-COD-

CODIFICATION

Sections, act Mar. 2, 1887, ch. 314, Sec. 1, 2, 24 Stat. 440, as

amended, were transferred to sections 361a and 361b, respectively,

of this title.

-CITE-

7 USC Sec. 364 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 364. Repealed. Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat. 675

-MISC1-

Section, act Mar. 2, 1889, ch. 373, 25 Stat. 840, required all

agricultural experiment stations to devote a portion of their work

to the examination and classification of the soils of their

respective States and Territories.

EXISTING RIGHTS AND LIABILITIES

Any rights or liabilities existing under this section as

unaffected by repeal, see section 2 of act Aug. 11, 1955, set out

as a note under former section 361 of this title.

-CITE-

7 USC Sec. 365 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 365. Transferred

-COD-

CODIFICATION

Section, act Mar. 2, 1887, ch. 314, Sec. 4, 24 Stat. 441, as

amended, was transferred to section 361d of this title. For

provisions of section 365 of this title which related to issuance

and free mailing by stations of bulletins or reports, see section

361f of this title.

-CITE-

7 USC Sec. 366 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 366. Repealed. Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat. 674

-MISC1-

Section, acts Mar. 16, 1906, ch. 951, Sec. 3, 34 Stat. 63; Feb.

24, 1925, ch. 308, Sec. 3, 43 Stat. 971, provided for annual

reports by agricultural experiment stations to governors.

EXISTING RIGHTS AND LIABILITIES

Any rights or liabilities existing under this section as

unaffected by repeal, see section 2 of act Aug. 11, 1955, set out

as a note under section 361 of this title.

-CITE-

7 USC Sec. 367 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 367. Omitted

-COD-

CODIFICATION

Section was from act July 28, 1953, ch. 251, title I, 67 Stat.

207, the Department of Agriculture Appropriation Act, 1954, and

authorized the Secretary of Agriculture to prescribe the form of

the annual financial statement required from the agricultural

experiment stations. See section 361e of this title. Similar

provisions were contained in the following prior appropriation

acts:

July 5, 1952, ch. 574, title I, 66 Stat. 337.

Aug. 31, 1951, ch. 374, title I, 65 Stat. 228.

Sept. 6, 1950, ch. 896, ch. VI, title I, 64 Stat. 660.

June 29, 1949, ch. 280, title I, 63 Stat. 330.

June 19, 1948, ch. 543, title I, 62 Stat. 514.

July 30, 1947, ch. 356, title I, 61 Stat. 530.

June 22, 1946, ch. 445, 60 Stat. 277.

May 5, 1945, ch. 109, 59 Stat. 143.

June 28, 1944, ch. 296, 58 Stat. 432.

July 12, 1943, ch. 215, 57 Stat. 400.

July 22, 1942, ch. 516, 56 Stat. 670.

July 1, 1941, ch. 267, 55 Stat. 412.

June 25, 1940, ch. 421, 54 Stat. 536.

June 30, 1939, ch. 253, title I, 53 Stat. 944.

June 16, 1938, ch. 464, title I, 52 Stat. 715.

June 29, 1937, ch. 404, 50 Stat. 399.

June 4, 1936, ch. 489, 49 Stat. 1425.

May 17, 1935, ch. 131, title I, 49 Stat. 251.

Mar. 26, 1934, ch. 89, 48 Stat. 471.

Mar. 3, 1933, ch. 203, 47 Stat. 1435.

July 7, 1932, ch. 443, 47 Stat. 613.

Feb. 23, 1931, ch. 278, 46 Stat. 1246.

May 27, 1930, ch. 341, 46 Stat. 396.

Feb. 16, 1929, ch. 227, 45 Stat. 1192.

May 16, 1928, ch. 572, 45 Stat. 542.

Jan. 18, 1927, ch. 39, 44 Stat. 979.

May 11, 1926, ch. 286, 44 Stat. 502.

Feb. 10, 1925, ch. 200, 43 Stat. 824.

-CITE-

7 USC Sec. 368 to 368b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 368 to 368b. Transferred

-COD-

CODIFICATION

Section 368, act Mar. 2, 1887, ch. 314, Sec. 3, 24 Stat. 441, as

amended, was transferred to section 361c of this title. For

provisions of section 368 which provided for assistance and advice

by the Secretary of Agriculture, see section 361g of this title.

Section 368a, act Mar. 2, 1887, ch. 314, Sec. 5, 24 Stat. 441, as

amended, was transferred to section 361e of this title. For

provisions of section 368a which authorized appropriations for

investigations and experiments, see sections 361c and 361d of this

title.

Section 368b, act Mar. 8, 1887, ch. 314, Sec. 9, 24 Stat, 442, as

amended, was transferred to section 361i of this title. Former

provisions of section 368b making grants of money authorized by

section 368a of this title subject to the legislative assent of the

States and Territories were eliminated from section 361i.

-CITE-

7 USC Sec. 368c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 368c. Omitted

-COD-

CODIFICATION

Section, act Mar. 2, 1887, ch. 314, Sec. 10, 24 Stat. 442, which

was not reenacted by act Aug. 11, 1955, ch. 790, 69 Stat. 671,

reserved the right to Congress to amend, suspend, or repeal any or

all of the provisions of act Mar. 2, 1887. See section 361i of this

title.

-CITE-

7 USC Sec. 369 to 376 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 369 to 376. Repealed. Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat.

674

-MISC1-

Section 369, act Mar. 16, 1906, ch. 951, Sec. 1, 34 Stat. 63,

authorized annual appropriations for agricultural experiment

stations. See section 361c of this title.

Section 369a, acts June 20, 1936, ch. 631, Sec. 1, 2, 49 Stat.

1553, 1554; Aug. 29, 1950, ch. 820, 64 Stat. 563, extended

provisions of former sections 343a, 343b, 361, 366, 369, 370, 371,

373 to 376, 380, and 382 of this title to Alaska. See section 361a

of this title.

Section 370, act Feb. 24, 1925, ch. 308, Sec. 1, 43 Stat. 970,

authorized an additional appropriation of $60,000 for each fiscal

year. See section 361c of this title.

Section 371, acts Mar. 16, 1906, ch. 951, Sec. 2, 34 Stat. 63;

Feb. 24, 1925, ch. 308, Sec. 2, 43 Stat. 971, made grants of money

authorized for agricultural experiment stations subject to the

legislative assent of the several States and Territories.

Section 372, act June 7, 1888, ch. 373, 25 Stat. 176, provided

for assent to installments of appropriations when the legislature

is not in session.

Section 373, acts Mar. 16, 1906, ch. 951, Sec. 2, 34 Stat. 63;

Feb. 24, 1925, ch. 308, Sec. 2, 43 Stat. 971, prescribed the time

and manner of payments to agricultural experiment stations and

required a report of expenditures to the Secretary of Agriculture.

See sections 361c and 361e of this title.

Section 374, acts Mar. 16, 1906, ch. 951, Sec. 3, 34 Stat. 63;

Feb. 24, 1925, ch. 308, Sec. 3, 43 Stat. 971, required the State to

replace moneys misapplied. See section 361e of this title.

Section 375, acts Mar. 16, 1906, ch. 951, Sec. 3, 34 Stat. 63;

Feb. 24, 1925, ch. 308, Sec. 3, 43 Stat. 971, permitted use of

funds for purchase, repairs, etc., of buildings, or for purchase or

rental of lands. See section 361d of this title.

Section 376, acts Mar. 16, 1906, ch. 951, Sec. 4, 34 Stat. 64;

Feb. 24, 1925, ch. 308, Sec. 4, 43 Stat. 971, provided for

certification of amounts due States for agricultural experiment

stations, for withholding certificate, and for redress by Congress.

See section 361g of this title.

EXISTING RIGHTS AND LIABILITIES

Any rights or liabilities existing under sections 369 to 376 as

unaffected by repeal, see section 2 of act Aug. 11, 1955, set out

as a note under former section 361 of this title.

-CITE-

7 USC Sec. 377 to 379 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 377 to 379. Transferred

-COD-

CODIFICATION

Section 377, act Mar. 2, 1887, ch. 314, Sec. 6, 24 Stat. 441, as

amended, was transferred to section 361f of this title. For

provisions of section 377 which related to unexpended part of

annual appropriations, see section 361g of this title.

Section 378, act Mar. 2, 1887, ch. 314, Sec. 8, 24 Stat. 441, as

amended, was transferred to section 361h of this title.

Section 379, act Mar. 2, 1887, ch. 314, Sec. 7, 24 Stat. 441, as

amended, was transferred to section 361g of this title. For

provisions of section 379 which provided that the relation of the

college to the State was unaffected, see section 361h of this

title.

-CITE-

7 USC Sec. 380 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 380. Repealed. Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat. 674

-MISC1-

Section, acts Mar. 16, 1906, ch. 951, Sec. 5, 34 Stat. 64; Feb.

24, 1925, ch. 308, Sec. 5, 43 Stat. 972, provided for an annual

report to Congress. See section 361g of this title.

EXISTING RIGHTS AND LIABILITIES

Any rights or liabilities existing under this section as

unaffected by repeal, see section 2 of act Aug. 11, 1955, set out

as a note under former section 361 of this title.

-CITE-

7 USC Sec. 381 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 381. Omitted

-COD-

CODIFICATION

Section was from act Mar. 2, 1901, ch. 805, 31 Stat. 935, the

Agricultural Appropriation Act, 1902, and authorized the Secretary

of Agriculture to employ personnel and to incur administrative

expenses in carrying out the objects of the agricultural experiment

station program. See section 361g of this title. Similar

provisions were contained in several prior appropriation acts.

-CITE-

7 USC Sec. 382, 383 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 382, 383. Repealed. Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat.

674, 675

-MISC1-

Section 382, acts Mar. 16, 1906, ch. 951, Sec. 6, 34 Stat. 64;

Feb. 24, 1925, ch. 308, Sec. 6, 43 Stat. 972, reserved the right to

Congress to amend, suspend or repeal any and all of the provisions

of act Mar. 16, 1906. See section 361i of this title.

Section 383, act Oct. 1, 1918, ch. 178, 40 Stat. 998, authorized

appropriations for the Georgia Experiment Station. See section 361c

of this title.

EXISTING RIGHTS AND LIABILITIES

Any rights or liabilities existing under these sections as

unaffected by repeal, see section 2 of act Aug. 11, 1955, set out

as a note under former section 361 of this title.

-CITE-

7 USC Sec. 384 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 384. Card index of agricultural literature; copies to be

furnished by Secretary

-STATUTE-

The Secretary of Agriculture may furnish to such institutions or

individuals as may care to buy them copies of the card index of

agricultural literature prepared by the Department of Agriculture

in connection with its administration of the Act of March second,

eighteen hundred and eighty-seven (7 U.S.C. 361a et seq.), and the

Act of March sixteenth, nineteen hundred and six, and the Acts

amendatory of and supplementary thereto, and charge for the same a

price covering the additional expenses involved in the preparation

of these copies, the money received from such sales to be deposited

in the Treasury of the United States as miscellaneous receipts.

-SOURCE-

(Mar. 4, 1915, ch. 144, 38 Stat. 1109.)

-REFTEXT-

REFERENCES IN TEXT

The Act of March second, eighteen hundred and eighty-seven,

referred to in text, is act Mar. 2, 1887, ch. 314, 24 Stat. 440, as

amended, popularly known as the Hatch Act of 1887, which is

classified generally to sections 361a to 361i of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 361a of this title and Tables.

The Act of March sixteenth, nineteen hundred and six, referred to

in text, means act Mar. 16, 1906, ch. 951, 34 Stat. 63, as amended,

known as the Adams Act of 1906, which was classified to sections

361, 366, 369, 371, 373 to 376, 380, and 382 of this title, and was

repealed by act Aug. 11, 1955, ch. 790, Sec. 2, 69 Stat. 674. For

complete classification of this Act to the Code prior to repeal,

see Tables.

-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.

-CITE-

7 USC Sec. 385 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 385. South Carolina Experiment Station; cooperation by

Secretary of Agriculture; lump sum appropriation

-STATUTE-

There is authorized to be appropriated the sum of $50,000 to

enable the Secretary of Agriculture to cooperate with the South

Carolina Agricultural Experiment Station and/or other agencies in

making investigations and experiments in dairying and livestock

industries and of the problems pertaining to the establishment and

development of such industries, including cropping systems, soil

improvement, and farm organization studies of such industries, and

for demonstration, assistance, and service in developing the

agriculture of the Sand Hill region of the Southeast.

-SOURCE-

(Mar. 3, 1927, ch. 367, Sec. 1, 44 Stat. 1397.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 385a of this title.

-CITE-

7 USC Sec. 385a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 385a. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated each fiscal year necessary

appropriations to enable the Secretary of Agriculture to carry on

the cooperative experiments contemplated by section 385 of this

title.

-SOURCE-

(Mar. 3, 1927, ch. 367, Sec. 2, as added Feb. 4, 1928, ch. 24, 45

Stat. 57.)

-CITE-

7 USC Sec. 386 to 386f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 386 to 386f. Repealed. Aug. 11, 1955, ch. 790, Sec. 2, 69

Stat. 674

-MISC1-

Sections 386 to 386b, act May 16, 1928, ch. 575, Sec. 1-3, 45

Stat. 571, 572, provided for establishment of an experiment station

in Hawaii, authorized appropriations and an increase in permanent

annual appropriations. See sections 361a and 361c of this title.

Section 386c, act Feb. 23, 1929, ch. 299, 45 Stat. 1256, extended

provisions of agricultural experiment station program to Alaska.

See section 361a of this title.

Sections 386d to 386f, acts Mar. 4, 1931, ch. 499, Sec. 1-3, 46

Stat. 1520, 1521; May 17, 1932, ch. 190, 47 Stat. 158, provided for

establishment of an experiment station in Puerto Rico, authorized

appropriations and an increase in permanent annual appropriations.

See sections 361a and 361c of this title.

EXISTING RIGHTS AND LIABILITIES

Any rights or liabilities existing under sections 386 to 386f as

unaffected by repeal, see section 2 of act Aug. 11, 1955, set out

as a note under former section 361 of this title.

-CITE-

7 USC Sec. 386g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 386g. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(10), 65 Stat.

701

-MISC1-

Section, act July 7, 1932, ch. 443, Sec. 1, 47 Stat. 614, related

to transfer or sale of property of Alaska, Guam, and Virgin Islands

stations.

-CITE-

7 USC SUBCHAPTER II - EXPERIMENT STATIONS FOR

PROPAGATION OF TREES, SHRUBS, VINES, AND

VEGETABLES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

.

-HEAD-

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

-CITE-

7 USC Sec. 387 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

-HEAD-

Sec. 387. Station for semi-arid or dry-land regions; establishment

-STATUTE-

The Secretary of Agriculture is authorized and directed to cause

such shade, ornamental, fruit, and shelter-belt trees, shrubs,

vines, and vegetables as are adapted to the conditions and needs of

the semi-arid or dry-land regions of the United States, to be

propagated at an experiment station of the Department of

Agriculture to be established at or near Cheyenne, Wyoming, and

seedlings, and cuttings and seeds of such trees, shrubs, vines, and

vegetables to be distributed free of charge under such regulations

as he may prescribe for experimental and demonstration purposes

within the semi-arid or dry-land regions of the United States.

-SOURCE-

(Mar. 19, 1928, ch. 228, Sec. 1, 45 Stat. 323.)

-TRANS-

TRANSFER OF FUNCTIONS

All functions of all officers, agencies and employees of the

Department of Agriculture were transferred, with certain

exceptions, to the 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 section 387a of this title.

-CITE-

7 USC Sec. 387a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

-HEAD-

Sec. 387a. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated each fiscal year necessary

appropriations to enable the Secretary of Agriculture to carry on

the experiments contemplated by section 387 of this title.

-SOURCE-

(Mar. 19, 1928, ch. 228, Sec. 3, 45 Stat. 323.)

-CITE-

7 USC Sec. 388 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

-HEAD-

Sec. 388. Station for southern Great Plains area; establishment

-STATUTE-

The Secretary of Agriculture is authorized and directed to cause

such shade, ornamental, fruit, and shelter-belt trees, shrubs, and

vines as are adapted to the conditions and needs of the southern

Great Plains area, comprised of those parts of the States of

Colorado, Nebraska, Kansas, Texas, Oklahoma, and New Mexico lying

west of the ninety-eighth meridian and east of the five

thousand-foot contour line, to be propagated at one of the existing

field stations of the Department of Agriculture in such area, and

seedlings and cuttings and seeds of such trees, shrubs, and vines

to be distributed free of charge under such regulations as he may

prescribe for experimental and demonstration purposes within such

area.

-SOURCE-

(Apr. 16, 1928, ch. 377, Sec. 1, 45 Stat. 430.)

-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 section 388a of this title.

-CITE-

7 USC Sec. 388a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

-HEAD-

Sec. 388a. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated each fiscal year necessary

appropriations to enable the Secretary of Agriculture to carry on

the experiments contemplated by section 388 of this title.

-SOURCE-

(Apr. 16, 1928, ch. 377, Sec. 3, 45 Stat. 431.)

-CITE-

7 USC Sec. 389 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

-HEAD-

Sec. 389. Transfer of certain dry land and irrigation field

stations to States

-STATUTE-

The Secretary of Agriculture is authorized, at such times as he

deems appropriate, to convey by appropriate conveyances, without

consideration, the interest of the United States in the lands,

including water rights, buildings, and improvements presently

comprising or appurtenant to the following dry land and irrigation

field stations, to the States in which such stations are located,

when, in the opinion of the Secretary of Agriculture, the transfer

of any such station will result in establishing a more effective

program in the cooperative agricultural experimental work of the

Department of Agriculture and the respective State and the

furtherance of agricultural experimental work on a national or

regional basis will be better served by such transfer: Huntley,

Montana; Mitchell, Nebraska; Fallon, Nevada; Tucumcari, New Mexico;

Hermiston, Oregon; Sheridan, Wyoming: Provided, That when any or

all of the land, including water rights, comprising any such

station is public-domain land, only the Secretary of the Interior

may by patent or other appropriate conveyance transfer such lands

to the respective States: Provided further, That when any easement

necessary to a station conveyed or patented hereunder is on

public-domain lands, only the Secretary of the Interior may grant

such easements to the State to which the station has been conveyed.

-SOURCE-

(Sept. 23, 1950, ch. 1005, Sec. 1, 64 Stat. 981.)

-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 section 389a of this title.

-CITE-

7 USC Sec. 389a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES,

SHRUBS, VINES, AND VEGETABLES

-HEAD-

Sec. 389a. Conditions of transfer of dry land and irrigation field

stations; reservation of mineral rights

-STATUTE-

Conveyances or patents under this section and section 389 of this

title shall be upon such conditions as in the opinion of the

Secretary of Agriculture will assure the use of such station in the

cooperative agricultural experimental work of the Department of

Agriculture and the respective State. Any such conveyances of the

land shall contain a reservation to the United States of all the

minerals in the land together with the right to prospect for, mine,

and remove the same under such regulations as the Secretary of the

Interior may prescribe.

-SOURCE-

(Sept. 23, 1950, ch. 1005, Sec. 2, 64 Stat. 982.)

-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.

-CITE-

7 USC SUBCHAPTER III - RESEARCH FACILITIES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER III - RESEARCH FACILITIES

.

-HEAD-

SUBCHAPTER III - RESEARCH FACILITIES

-CITE-

7 USC Sec. 390 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER III - RESEARCH FACILITIES

-HEAD-

Sec. 390. Definitions

-STATUTE-

In this subchapter:

(1) Agricultural research facility

The term ''agricultural research facility'' means a proposed

facility for research in food and agricultural sciences for which

Federal funds are requested by a college, university, or

nonprofit institution to assist in the construction, alteration,

acquisition, modernization, renovation, or remodeling of the

facility.

(2) Congressional agriculture committees

The term ''congressional agriculture committees'' means the

Committee on Appropriations and the Committee on Agriculture of

the House of Representatives and the Committee on Appropriations

and the Committee on Agriculture, Nutrition, and Forestry of the

Senate.

(3) Food and agricultural sciences

The term ''food and agricultural sciences'' has the meaning

given that term in section 3103(8) of this title.

(4) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

-SOURCE-

(Pub. L. 88-74, Sec. 2, as added Pub. L. 104-127, title VIII, Sec.

884(a), Apr. 4, 1996, 110 Stat. 1176; amended Pub. L. 107-171,

title VII, Sec. 7214, 7308(b), May 13, 2002, 116 Stat. 448, 455.)

-MISC1-

AMENDMENTS

2002 - Par. (3). Pub. L. 107-171, Sec. 7214, reenacted heading

without change and amended text of par. (3) generally. Prior to

amendment, text read as follows: ''The term 'food and agricultural

sciences' means -

''(A) agriculture, including soil and water conservation and

use, the use of organic materials to improve soil tilth and

fertility, plant and animal production and protection, and plant

and animal health;

''(B) the processing, distribution, marketing, and utilization

of food and agricultural products;

''(C) forestry, including range management, production of

forest and range products, multiple use of forests and

rangelands, and urban forestry;

''(D) aquaculture (as defined in section 3103(3) of this

title);

''(E) human nutrition;

''(F) production inputs, such as energy, to improve

productivity; and

''(G) germ plasm collection and preservation.''

Par. (5). Pub. L. 107-171, Sec. 7308(b), struck out heading and

text of par. (5). Text read as follows: ''The term 'task force'

means the Strategic Planning Task Force established under section

390b of this title.''

PRIOR PROVISIONS

A prior section 390, Pub. L. 88-74, Sec. 1, July 22, 1963, 77

Stat. 90; Pub. L. 95-113, title XIV, Sec. 1416(3), Sept. 29, 1977,

91 Stat. 996; Pub. L. 99-198, title XIV, Sec. 1411(a), Dec. 23,

1985, 99 Stat. 1547, related to congressional declaration of

policy, prior to the general amendment of this subchapter by Pub.

L. 104-127.

A prior section 2 of Pub. L. 88-74 was classified to section 390a

of this title prior to the general amendment of this subchapter by

Pub. L. 104-127.

EFFECTIVE DATE

Section 884(b) of Pub. L. 104-127 provided that: ''The amendment

made by subsection (a) (enacting this subchapter), other than

section 4 of the Research Facilities Act (section 390b of this

title) (as amended by subsection (a)), shall not apply to any

project for an agricultural research facility for which funds have

been made available for a feasibility study or for any phase of the

project prior to October 1, 1995.''

SHORT TITLE

Section 1 of Pub. L. 88-74, as added by Pub. L. 104-127, title

VIII, Sec. 884(a), Apr. 4, 1996, 110 Stat. 1176, provided that:

''This Act (enacting this subchapter) may be cited as the 'Research

Facilities Act'.''

-CITE-

7 USC Sec. 390a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER III - RESEARCH FACILITIES

-HEAD-

Sec. 390a. Review process

-STATUTE-

(a) Submission to Secretary

Each proposal for an agricultural research facility shall be

submitted to the Secretary for review. The Secretary shall review

the proposals in the order in which the proposals are received.

(b) Application process

In consultation with the congressional agriculture committees,

the Secretary shall establish an application process for the

submission of proposals for agricultural research facilities.

(c) Criteria for approval

(1) Determination by Secretary

With respect to each proposal for an agricultural research

facility submitted under subsection (a) of this section, the

Secretary shall determine whether the proposal meets the criteria

set forth in paragraph (2).

(2) Criteria

A proposal for an agricultural research facility shall meet the

following criteria:

(A) Non-Federal share

The proposal shall certify the availability of at least a 50

percent non-Federal share of the cost of the facility. The

non-Federal share shall be paid in cash and may include funding

from private sources or from units of State or local

government.

(B) Nonduplication of facilities

The proposal shall demonstrate how the agricultural research

facility would be complementary to, and not duplicative of,

facilities of colleges, universities, and nonprofit

institutions, and facilities of the Agricultural Research

Service, within the State and region.

(C) National research priorities

The proposal shall demonstrate how the agricultural research

facility would serve -

(i) 1 or more of the national research policies and

priorities set forth in section 3101 of this title; and

(ii) national or multistate needs.

(D) Long-term support

The proposal shall demonstrate that the recipient college,

university, or nonprofit institution has the ability and

commitment to support the long-term, ongoing operating costs of

-

(i) the agricultural research facility after the facility

is completed; and

(ii) each program to be based at the facility.

(d) Evaluation of proposals

Not later than 90 days after receiving a proposal under

subsection (a) of this section, the Secretary shall -

(1) evaluate and assess the merits of the proposal, including

the extent to which the proposal meets the criteria set forth in

subsection (c) of this section; and

(2) report to the congressional agriculture committees on the

results of the evaluation and assessment.

(e) National or multistate needs served by ARS facilities

The Secretary shall ensure that each research activity conducted

by a facility of the Agricultural Research Service serves a

national or multistate need.

-SOURCE-

(Pub. L. 88-74, Sec. 3, as added Pub. L. 104-127, title VIII, Sec.

884(a), Apr. 4, 1996, 110 Stat. 1177; amended Pub. L. 105-185,

title I, Sec. 106(a), (b), June 23, 1998, 112 Stat. 530.)

-MISC1-

PRIOR PROVISIONS

A prior section 390a, Pub. L. 88-74, Sec. 2, July 22, 1963, 77

Stat. 90; Pub. L. 95-113, title XIV, Sec. 1416(3), Sept. 29, 1977,

91 Stat. 996; Pub. L. 99-198, title XIV, Sec. 1411(b), Dec. 23,

1985, 99 Stat. 1547, related to congressional declaration of

purpose, prior to the general amendment of this subchapter by Pub.

L. 104-127.

A prior section 3 of Pub. L. 88-74 was classified to section 390b

of this title prior to the general amendment of this subchapter by

Pub. L. 104-127.

AMENDMENTS

1998 - Subsec. (c)(2)(C)(ii). Pub. L. 105-185, Sec. 106(a),

substituted ''national or multistate needs'' for ''regional

needs''.

Subsec. (e). Pub. L. 105-185, Sec. 106(b), added subsec. (e).

-CITE-

7 USC Sec. 390b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER III - RESEARCH FACILITIES

-HEAD-

Sec. 390b. Repealed. Pub. L. 107-171, title VII, Sec. 7308(a), May

13, 2002, 116 Stat. 455

-MISC1-

Section, Pub. L. 88-74, Sec. 4, as added Pub. L. 104-127, title

VIII, Sec. 884(a), Apr. 4, 1996, 110 Stat. 1178; amended Pub. L.

105-185, title I, Sec. 106(c), (d), June 23, 1998, 112 Stat. 530,

related to task force on 10-year strategic plan for agricultural

research facilities.

A prior section 390b, Pub. L. 88-74, Sec. 3, July 22, 1963, 77

Stat. 90; Pub. L. 95-113, title XIV, Sec. 1416(1), Sept. 29, 1977,

91 Stat. 994; Pub. L. 99-198, title XIV, Sec. 1411(c), Dec. 23,

1985, 99 Stat. 1547, related to definitions, prior to the general

amendment of this subchapter by Pub. L. 104-127.

A prior section 4 of Pub. L. 88-74 was classified to section 390c

of this title prior to the general amendment of this subchapter by

Pub. L. 104-127.

-CITE-

7 USC Sec. 390c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER III - RESEARCH FACILITIES

-HEAD-

Sec. 390c. Applicability of Federal Advisory Committee Act

-STATUTE-

The Federal Advisory Committee Act (5 U.S.C. App.) and title

XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et

seq.) shall not apply to a panel or board created solely for the

purpose of reviewing applications or proposals submitted under this

subchapter.

-SOURCE-

(Pub. L. 88-74, Sec. 5, as added Pub. L. 104-127, title VIII, Sec.

884(a), Apr. 4, 1996, 110 Stat. 1179.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in text, is Pub.

L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out

in the Appendix to Title 5, Government Organization and Employees.

The Food and Agriculture Act of 1977, referred to in text, is

Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title

XVIII of the Act is classified generally to chapter 55A (Sec. 2281

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title of 1977 Amendment note set out under

section 1281 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 390c, Pub. L. 88-74, Sec. 4, July 22, 1963, 77

Stat. 91; Pub. L. 95-113, title XIV, Sec. 1416(2), Sept. 29, 1977,

91 Stat. 994; Pub. L. 97-98, title XIV, Sec. 1416, Dec. 22, 1981,

95 Stat. 1304; Pub. L. 99-198, title XIV, Sec. 1411(d), Dec. 23,

1985, 99 Stat. 1548; Pub. L. 101-624, title XVI, Sec. 1601(a), Nov.

28, 1990, 104 Stat. 3703, related to appropriations and

administrative authority, prior to the general amendment of this

subchapter by Pub. L. 104-127.

A prior section 5 of Pub. L. 88-74 was classified to section 390d

of this title prior to the general amendment of this subchapter by

Pub. L. 104-127.

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7 USC Sec. 390d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS

SUBCHAPTER III - RESEARCH FACILITIES

-HEAD-

Sec. 390d. Authorization of appropriations

-STATUTE-

(a) In general

Subject to subsection (b) of this section, there are authorized

to be appropriated such sums as are necessary for each of fiscal

years 1996 through 2007 for the study, plan, design, structure, and

related costs of agricultural research facilities under this

subchapter.

(b) Allowable administrative costs

Not more than 3 percent of the funds made available for any

project for an agricultural research facility shall be available

for administration of the project.

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(Pub. L. 88-74, Sec. 6, as added Pub. L. 104-127, title VIII, Sec.

884(a), Apr. 4, 1996, 110 Stat. 1179; amended Pub. L. 105-185,

title III, Sec. 301(d), June 23, 1998, 112 Stat. 563; Pub. L.

107-171, title VII, Sec. 7135, May 13, 2002, 116 Stat. 436.)

-MISC1-

PRIOR PROVISIONS

A prior section 390d, Pub. L. 88-74, Sec. 5, July 22, 1963, 77

Stat. 91; Pub. L. 95-113, title XIV, Sec. 1416(2), Sept. 29, 1977,

91 Stat. 995; Pub. L. 99-198, title XIV, Sec. 1411(e), Dec. 23,

1985, 99 Stat. 1548, related to payment eligibility and facility

proposals, prior to the general amendment of this subchapter by

Pub. L. 104-127.

A prior section 6 of Pub. L. 88-74 was classified to section 390f

of this title prior to the general amendment of this subchapter by

Pub. L. 104-127.

Another prior section 6 of Pub. L. 88-74 was classified to

section 390e of this title prior to repeal by Pub. L. 99-198.

A prior section 390e, Pub. L. 88-74, Sec. 6, July 22, 1963, 77

Stat. 91; Pub. L. 95-113, title XIV, Sec. 1416(2), Sept. 29, 1977,

91 Stat. 995, related to continuing availability of unused

allotments to eligible institutions for a period of five fiscal

years following the fiscal year of initial availability thereof,

prior to repeal by Pub. L. 99-198, title XIV, Sec. 1411(f), Dec.

23, 1985, 99 Stat. 1548.

A prior section 390f, Pub. L. 88-74, Sec. 6, formerly Sec. 7,

July 22, 1963, 77 Stat. 91; Pub. L. 95-113, title XIV, Sec.

1416(2), Sept. 29, 1977, 91 Stat. 995; renumbered Sec. 6 and

amended Pub. L. 99-198, title XIV, Sec. 1411(g), (k), Dec. 23,

1985, 99 Stat. 1548, related to fund support basis for

multiple-purpose equipment and physical facilities, prior to the

general amendment of this subchapter by Pub. L. 104-127.

A prior section 390g, Pub. L. 88-74, Sec. 8, July 22, 1963, 77

Stat. 91; Pub. L. 95-113, title XIV, Sec. 1416(2), Sept. 29, 1977,

91 Stat. 995, related to ascertainment of the amount of the

allocation to which each institution was entitled and written

notification to each such institution, prior to repeal by Pub. L.

99-198, title XIV, Sec. 1411(h), Dec. 23, 1985, 99 Stat. 1548.

A prior section 390h, Pub. L. 88-74, Sec. 7, formerly Sec. 9,

July 22, 1963, 77 Stat. 91; Pub. L. 94-273, Sec. 7(1), Apr. 21,

1976, 90 Stat. 378; Pub. L. 95-113, title XIV, Sec. 1416(2), Sept.

29, 1977, 91 Stat. 995; renumbered Sec. 7 and amended Pub. L.

99-198, title XIV, Sec. 1411(i), (k), Dec. 23, 1985, 99 Stat. 1548,

related to fiscal accountability, prior to the general amendment of

this subchapter by Pub. L. 104-127.

A prior section 390i, Pub. L. 88-74, Sec. 8, formerly Sec. 10,

July 22, 1963, 77 Stat. 92; Pub. L. 95-113, title XIV, Sec.

1416(2), Sept. 29, 1977, 91 Stat. 995; renumbered Sec. 8 and

amended Pub. L. 99-198, title XIV, Sec. 1411(j), (k), Dec. 23,

1985, 99 Stat. 1548, directed Secretary to submit annual reports to

Congress with respect to research facility payments, prior to

repeal by Pub. L. 104-66, title I, Sec. 1011(w), Dec. 21, 1995, 109

Stat. 711.

A prior section 8 of Pub. L. 88-74 was classified to section 390g

of this title prior to repeal by Pub. L. 99-198.

A prior section 390j, Pub. L. 88-74, Sec. 9, formerly Sec. 11,

July 22, 1963, 77 Stat. 92; Pub. L. 95-113, title XIV, Sec.

1416(2), Sept. 29, 1977, 91 Stat. 995; renumbered Sec. 9, Pub. L.

99-198, title XIV, Sec. 1411(k), Dec. 23, 1985, 99 Stat. 1548,

related to availability of appropriated funds for administration,

prior to the general amendment of this subchapter by Pub. L.

104-127.

A prior section 9 of Pub. L. 88-74 was renumbered section 7 and

was classified to section 390h of this title, prior to the general

amendment of this subchapter by Pub. L. 104-127.

A prior section 390k, Pub. L. 88-74, Sec. 12, July 22, 1963, 77

Stat. 92, authorized appropriation of such sums as might be

necessary for proper administration of this subchapter, prior to

repeal by Pub. L. 95-113, title XIV, Sec. 1416(2), Sept. 29, 1977,

91 Stat. 994, effective Oct. 1, 1977.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171 substituted ''2007'' for

''2002''.

1998 - Subsec. (a). Pub. L. 105-185 substituted ''each of fiscal

years 1996 through 2002'' for ''fiscal years 1996 and 1997''.

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