TITLE 7 - US CODE - SUBCHAPTER VI - 1890 LAND-GRANT COLLEGE FUNDING

7 USC 3221 - Extension at 1890 land-grant colleges, including Tuskegee University

(a) Authorization of appropriations 

(1) In general 
There are authorized to be appropriated annually such sums as Congress may determine necessary to support continuing agricultural and forestry extension at colleges eligible to receive funds under the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including Tuskegee University (hereinafter in this section referred to as eligible institutions).
(2) Minimum amount 
Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 20 percent of the total appropriations for such year under the Act of May 8, 1914 (7 U.S.C. 341 et seq.), and related acts pertaining to cooperative extension work at the land-grant institutions identified in the Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 U.S.C. 341 et seq.), except that for the purpose of this calculation, the total appropriations shall not include amounts made available under section 3(d) of that Act (7 U.S.C. 343 (d)).
(3) Uses 
Funds appropriated under this section shall be used for expenses of conducting extension programs and activities, and for contributing to the retirement of employees subject to the provisions of section 331 of this title.
(4) Carryover 
No more than 20 per centum of the funds received by an institution in any fiscal year may be carried forward to the succeeding fiscal year.
(b) Allocation and distribution of appropriated funds 
Beginning with the fiscal year ending September 30, 1979
(1) any funds annually appropriated under this section up to the amount appropriated for the fiscal year ending September 30, 1978, pursuant to section 343 (d) of this title, for eligible institutions, shall be allocated among the eligible institutions in the same proportion as funds appropriated under section 343 (d) of this title for the fiscal year ending September 30, 1978, are allocated among the eligible institutions; and
(2) any funds appropriated annually under this section in excess of an amount equal to the amount appropriated under section 343 (d) of this title, for the fiscal year ending September 30, 1978, for eligible institutions, shall be distributed as follows:
(A) A sum equal to 4 per centum of the total amount appropriated each fiscal year under this section shall be allotted to the Extension Service of the Department of Agriculture for administrative, technical, and other services, and for coordinating the extension work of the Department of Agriculture and the several States.
(B) Of the remainder, 20 per centum shall be allotted among the eligible institutions in equal proportions; 40 per centum shall be allotted among the eligible institutions in the proportion that the rural population of the State in which each eligible institution is located bears to the total rural population of all the States in which eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated; and the balance shall be allotted among the eligible institutions in the proportion that the farm population of the State in which each eligible institution is located bears to the total farm population of all the States in which the eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated.

In computing the distribution of funds allocated under paragraph (2) of this subsection, the allotments to Tuskegee University and Alabama Agricultural and Mechanical University shall be determined as if each institution were in a separate State.

(c) Comprehensive program of extension for each State 
The State director of the cooperative extension service and the extension administrator at the eligible institution in each State where an eligible institution is located shall jointly develop, by mutual agreement, a comprehensive program of extension for such State to be submitted for approval by the Secretary within one year after September 29, 1977 and each five years thereafter.
(d) Ascertainment of entitlement to funds; time and manner of payment; State reporting requirements; plans of work 

(1) Ascertainment of entitlement 
On or about the first day of October in each year after September 29, 1977, the Secretary shall ascertain whether each eligible institution is entitled to receive its share of the annual appropriation for extension work under this section and the amount which it is entitled to receive. Before the funds herein provided shall become available to any eligible institution for any fiscal year, plans for the work to be carried out under this section shall be submitted, as part of the State plan of work, and approved by the Secretary.
(2) Time and manner of payment; related reports 
The amount to which an eligible institution is entitled shall be paid in equal quarterly payments on or about October 1, January 1, April 1, and July 1 of each year to the treasurer or other officer of the eligible institution duly authorized to receive such payments and such officer shall be required to report to the Secretary on or about the first day of December 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.
(3) Requirements related to plan of work 
Each plan of work for an eligible institution required under this section shall contain descriptions of the following:
(A) The critical short-term, intermediate, and long-term agricultural issues in the State in which the eligible institution is located and the current and planned extension programs and projects targeted to address the issues.
(B) 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.
(C) 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 extension efforts) to work with those other institutions.
(D) 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.
(E) The education and outreach programs already underway to convey currently available research results that are pertinent to a critical agricultural issue, including efforts to encourage multicounty cooperation in the dissemination of research results.
(4) Extension protocols 

(A) In general 
The Secretary 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 this section.
(B) Consultation 
The Secretary shall develop the protocols in consultation with the Advisory Board and land-grant colleges and universities.
(5) Treatment of plans of work for other purposes 
To the maximum extent practicable, the Secretary shall consider a plan of work submitted under this section to satisfy other appropriate Federal reporting requirements.
(e) Diminution, loss, or misapplication of funds 
If any portion of the moneys received by any eligible institution for the support and maintenance of extension work as provided in this section shall by any action or contingency be diminished or lost or be misapplied, it shall be replaced by such institution and until so replaced no subsequent appropriation shall be apportioned or paid to such institution. No portion of such 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 section. It shall be the duty of such institution, 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, 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.
(f) Mailing of correspondence, bulletins, and reports 
To the extent that the official mail consists of correspondence, bulletins, and reports for furtherance of the purposes of this section, it shall be transmitted in the mails of the United States. Such items may be mailed from a principal place of business of each eligible institution or from an established subunit of such institution.

7 USC 3222 - Agricultural research at 1890 land-grant colleges, including Tuskegee University

(a) Authorization of appropriations 

(1) In general 
There are authorized to be appropriated annually such sums as Congress may determine necessary to support continuing agricultural research at colleges eligible to receive funds under the Act of August 30, 1890 (26 Stat. 417–419, as amended; 7 U.S.C. 321–326 and 328), including Tuskegee University (hereinafter referred to in this section as eligible institutions).
(2) Minimum amount 
Beginning with fiscal year 2003, there shall be appropriated under this section for each fiscal year an amount that is not less than 30 percent of the total appropriations for the fiscal year under section 361c of this title.
(3) Uses 
Funds appropriated under this section shall be used for expenses of conducting agricultural research, printing, disseminating the results of such research, contributing to the retirement of employees subject to the provisions of section 331 of this title, administrative planning and direction, and purchase and rental of land and the construction, acquisition, alteration, or repair of buildings necessary for conducting agricultural research.
(4) Coordination 
The eligible institutions are authorized to plan and conduct agricultural research in cooperation with each other and such agencies, institutions, and individuals as may contribute to the solution of agricultural problems, and moneys appropriated pursuant to this section shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research.
(5) Carryover 

(A) In general 
The balance of any annual funds provided to an eligible institution for a fiscal year under this section that remains unexpended at the end of the fiscal year may be carried over for use during the following fiscal year.
(B) Failure to expend full amount 

(i) In general If any unexpended balance carried over by an eligible institution 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 eligible institution.
(ii) Redistribution Federal funds that are deducted under clause (i) for a fiscal year shall be redistributed by the Secretary in accordance with the formula set forth in subsection (b)(2)(B) of this section to those eligible institutions for which no deduction under clause (i) has been taken for that fiscal year.
(b) Allocation and distribution of appropriated funds 
Beginning with the fiscal year ending September 30, 1979, the funds appropriated in each fiscal year under this section shall be distributed as follows:
(1) Three per centum shall be available to the Secretary for administration of this section. 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.
(2) The remainder shall be allotted among the eligible institutions as follows:
(A) Funds up to the total amount made available to all eligible institutions in the fiscal year ending September 30, 1978, under section 450i of this title, shall be allocated among the eligible institutions in the same proportion as funds made available under section 450i of this title, for the fiscal year ending September 30, 1978, are allocated among the eligible institutions.
(B) Of funds in excess of the amount allocated under subparagraph (A) of this paragraph, 20 per centum shall be allotted among eligible institutions in equal proportions; 40 per centum shall be allotted among the eligible institutions in the proportion that the rural population of the State in which each eligible institution is located bears to the total rural population of all the States in which eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated; and the balance shall be allotted among the eligible institutions in the proportion that the farm population of the State in which each eligible institution is located bears to the total farm population of all the States in which the eligible institutions are located, as determined by the last preceding decennial census current at the time each such additional sum is first appropriated. In computing the distribution of funds allocated under this subparagraph, the allotments to Tuskegee University and Alabama Agricultural and Mechanical University shall be determined as if each institution were in a separate State.
(c) Program and plans of work 

(1) Initial comprehensive program of agricultural research 
The director of the State agricultural experiment station in each State where an eligible institution is located and the research director specified in subsection (d) of this section in each of the eligible institutions in such State shall jointly develop, by mutual agreement, a comprehensive program of agricultural research in such State, to be submitted for approval by the Secretary within one year after September 29, 1977.
(2) Plan of work required 
Before funds may be provided to an eligible institution under this section for any fiscal year, a plan of work to be carried out under this section shall be submitted by the research director specified in subsection (d) of this section and shall be approved by the Secretary.
(3) Requirements related to plan of work 
Each plan of work required under paragraph (2) shall contain descriptions of the following:
(A) The critical short-term, intermediate, and long-term agricultural issues in the State in which the eligible institution is located and the current and planned research programs and projects targeted to address the issues.
(B) 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.
(C) 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.
(D) The current and emerging efforts to work with those other institutions to build on each others experience and take advantage of each institutions unique capacities.
(E) 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.
(4) Research protocols 

(A) In general 
The Secretary 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 paragraph (2).
(B) Consultation 
The Secretary shall develop the protocols in consultation with the Advisory Board and land-grant colleges and universities.
(5) Treatment of plans of work for other purposes 
To the maximum extent practicable, the Secretary shall consider a plan of work submitted under paragraph (2) to satisfy other appropriate Federal reporting requirements.
(d) Payment of funds to eligible institutions 
Sums available for allotment to the eligible institutions under the terms of this section shall be paid to such institutions in equal quarterly payments beginning on or about the first day of October of each year upon vouchers approved by the Secretary. The President of each eligible institution shall appoint a research director who shall be responsible for administration of the program authorized herein. Each eligible institution shall designate a treasurer or other officer who shall receive and account for all funds allotted to such institution under the provisions of this section and shall report, with the approval of the research director, to the Secretary on or before the first day of December of each year a detailed statement of the amount received under the provisions of this section during the preceding fiscal year and its disbursement on schedules prescribed by the Secretary. If any portion of the allotted moneys received by any eligible institution shall by any action or contingency be diminished, lost, or misapplied, it shall be replaced by such institution and until so replaced no subsequent appropriation shall be allotted or paid to such institution. Funds made available to eligible institutions shall not be used for payment of negotiated overhead or indirect cost rates.
(e) Mailing of bulletins, reports, periodicals, reprints, articles, and other publications 
Bulletins, reports, periodicals, reprints or articles, and other publications necessary for the dissemination of results of the research and experiments funded under this section, including lists of publications available for distribution by the eligible institutions, shall be transmitted in the mails of the United States. Such publications may be mailed from the principal place of business of each eligible institution or from an established subunit of such institution.
(f) Administration; rules and regulations; cooperation by and between institutions 
The Secretary shall be responsible for the proper administration of this section, 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 this section, including participation in coordination of research initiated under this section by the eligible institutions, from time to time to indicate such lines of inquiry as to the Secretary seem most important, and to encourage and assist in the establishment and maintenance of cooperation by and between the several eligible institutions, the State agricultural experiment stations, and between them and the Department of Agriculture.
(g) Entitlement 
On or before the first day of October in each year after September 29, 1977, the Secretary shall ascertain whether each eligible institution is entitled to receive its share of the annual appropriations under this section and the amount which thereupon each is entitled, respectively, to receive.
(h) Existing legal relationships not impaired or modified 
Nothing in this section shall be construed to impair or modify the legal relationship existing between any of the eligible institutions and the government of the States in which they are respectively located.

7 USC 3222a - Repealed. Pub. L. 104127, title VIII, 855, Apr. 4, 1996, 110 Stat. 1172

Section, Pub. L. 95–113, title XIV, § 1446, as added Pub. L. 101–624, title XVI, § 1612(a), Nov. 28, 1990, 104 Stat. 3721; amended Pub. L. 102–237, title IV, § 402(9), (10), Dec. 13, 1991, 105 Stat. 1863, related to resident instruction at 1890 land-grant colleges, including Tuskegee University.

7 USC 3222b - Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University

(a) Purpose 
It is hereby declared to be the intent of Congress to assist the institutions eligible to receive funds under the Act of August 30, 1890 [7 U.S.C. 321 et seq.], including Tuskegee University (hereafter referred to in this section as eligible institutions) in the acquisition and improvement of agricultural and food sciences facilities and equipment, including libraries, so that the eligible institutions may participate fully in the production of human capital.
(b) Authorization of appropriations 
There are authorized to be appropriated to the Secretary of Agriculture for the purposes of carrying out the provisions of this section, $25,000,000 for each of fiscal years 2002 through 2012, and such sums shall remain available until expended.
(c) Use of grant funds 
Four percent of the sums appropriated pursuant to this section shall be available to the Secretary for administration of this grants program. The remaining funds shall be available for grants to eligible institutions for the purpose of assisting them in the purchase of equipment and land, the planning, construction, alteration, or renovation of buildings to strengthen their capacity in the production of human capital in the food and agricultural sciences and can be used at the discretion of the eligible institutions in the areas of research, extension, and resident instruction or any combination thereof.
(d) Method of awarding grants 
Grants awarded pursuant to this section shall be made in such amounts and under such terms and conditions as the Secretary shall determine necessary for carrying out the purposes of this section.
(e) Prohibition of certain uses 
Federal funds provided under this section may not be utilized for the payment of any overhead costs of the eligible institutions.
(f) Regulations 
The Secretary may promulgate such rules and regulations as the Secretary may consider necessary to carry out the provisions of this section.

7 USC 3222b1 - Grants to upgrade agriculture and food sciences facilities at the District of Columbia land-grant university

(a) Purpose 
It is the intent of Congress to assist the land-grant university in the District of Columbia established under section 208 of the District of Columbia Public Postsecondary Education Reorganization Act (Public Law 93471; 88 Stat. 1428) in efforts to acquire, alter, or repair facilities or relevant equipment necessary for conducting agricultural research.
(b) Authorization of appropriations 
There are authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2008 through 2012.

7 USC 3222b2 - Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions

(a) Purpose 
It is the intent of Congress to assist the land-grant institutions in the insular areas in efforts to acquire, alter, or repair facilities or relevant equipment necessary for conducting agricultural research.
(b) Method of awarding grants 
Grants awarded pursuant to this section shall be made in such amounts and under such terms and conditions as the Secretary determines necessary to carry out the purposes of this section.
(c) Regulations 
The Secretary may promulgate such rules and regulations as the Secretary considers to be necessary to carry out this section.
(d) Authorization of appropriations 
There is authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2008 through 2012.

7 USC 3222c - National research and training virtual centers

(a) Competitive grants authorized 
The Secretary of Agriculture may make a competitive grant to five national research and training virtual centers located at colleges (or a consortia of such colleges) eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University, that
(1) have been designated by the Secretary for the fiscal years 1991 through 1995, or fiscal years 1996 through 2012, as national research and training virtual centers; and
(2) have the best demonstrable capacity, as determined by the Secretary, to provide administrative leadership as
(A) a National Center for Goat Research and Training;
(B) a National Center for Agricultural Engineering Development, Research, and Training;
(C) a National Center for Water Quality and Agricultural Production Research and Training;
(D) a National Center for Sustainable Agriculture Research and Training; and
(E) a National Center for Domestic and International Trade and Development Research and Training.
(b) Use of grants 
A grant made under subsection (a) of this section may be expended by a center to
(1) pay expenses incurred in conducting research for which the center was designated;
(2) print and disseminate the results of such research;
(3) plan, administer, and direct such research; and
(4) alter or repair buildings necessary to conduct such research.
(c) Priority 
In making a grant determination under subsection (a) of this section, the Secretary shall give priority to those centers that
(1) will assure dissemination of information between eligible institutions described in subsection (a) of this section and among agricultural producers; and
(2) will attract students and needed professionals in the food and agricultural sciences.
(d) Payments 

(1) Under the terms of a grant made under subsection (a) of this section, funds appropriated under subsection (f) of this section for a fiscal year shall be paid (upon vouchers approved by the Secretary) to a center receiving the grant in equal quarterly installments beginning on or about the first day of October of such year.
(2) Not later than 60 days after the end of each fiscal year for which funds are paid under this section to a center, the research director of such center shall submit to the Secretary a detailed statement of the disbursements in such fiscal year of funds received by such center under this section.
(3) If any of the funds received by a center under this section are misapplied, lost, or diminished by any action or contingency on the part of the center
(A) the center shall replace such funds; and
(B) the Secretary shall not distribute to such center any other funds under this subsection until such funds are replaced.
(e) Prohibited uses of funds 
Funds provided under this section may not be used
(1) to acquire or construct a building; or
(2) to pay the overhead costs of the college (or consortia of colleges) receiving the grant.
(f) Authorization of appropriations 
There are authorized to be appropriated $2,000,000 for each of the fiscal years 1991 through 2012 for grants under this section.
(g) “Center” defined 
For purposes of this section, the term center means a national research and training virtual center that receives a grant under this subsection.
(h) Coordination of center activities 

(1) The center designated under subsection (a)(2)(C) of this section shall coordinate its activities with the water quality research activities conducted under subtitle G of title XIV of the Food, Agriculture, Conservation, and Trade Act of 1990.[1]
(2) The center designated under subsection (a)(2)(D) of this section shall coordinate its activities with the sustainable agriculture research and education program established under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 [7 U.S.C. 5801 et seq.].
[1] See References in Text note below.

7 USC 3222d - Matching funds requirement for research and extension activities at eligible institutions

(a) Definitions 
In this section:
(1) Eligible institution 
The term eligible institution means a college eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.) (commonly known as the Second Morrill Act), including Tuskegee University.
(2) Formula funds 
The term formula funds means the formula allocation funds distributed to eligible institutions under sections 3221 and 3222 of this title.
(b) Determination of non-Federal sources of funds 
Not later than September 30, 1999, each eligible institution shall submit to the Secretary a report describing for fiscal year 1999
(1) the sources of non-Federal funds made available by the State to the eligible institution for agricultural research, extension, and education to meet the requirements of this section; and
(2) the amount of such funds generally available from each source.
(c) Matching formula 
Notwithstanding any other provision of this subchapter, the State shall provide equal matching funds from non-Federal sources.
(d) Waiver authority 
Notwithstanding subsection (f) of this section, the Secretary may waive the matching funds requirement under subsection (c) of this section above the 50 percent level for any fiscal year for an eligible institution of a State if the Secretary determines that the State will be unlikely to satisfy the matching requirement.
(e) Use of matching funds 
Under terms and conditions established by the Secretary, matching funds provided as required by subsection (c) of this section may be used by an eligible institution for agricultural research, extension, and education activities.
(f) Redistribution of funds 

(1) Redistribution required 
Federal funds that are not matched by a State in accordance with subsection (c) of this section for a fiscal year shall be redistributed by the Secretary to eligible institutions whose States have satisfied the matching funds requirement for that fiscal year.
(2) Administration 
Any redistribution of funds under this subsection shall be subject to the applicable matching requirement specified in subsection (c) of this section and shall be made in a manner consistent with sections 3221 and 3222 of this title, as determined by the Secretary.

7 USC 3223 - Grants for acquisition and improvement of research facilities and equipment

(a) Eligible institutions; statement of purposes 
It is hereby declared to be the intent of Congress to assist the institutions eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee Institute (hereinafter referred to in this section as eligible institutions), in the acquisition and improvement of research facilities and equipment, including agricultural libraries, so that eligible institutions may participate fully with the State agricultural experiment stations in a balanced attack on the research needs of the people of their States.
(b) Authorization of appropriations 
There are authorized to be appropriated to the Secretary of Agriculture for the purpose of carrying out the provisions of this section $10,000,000 for each of the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, September 30, 1985, September 30, 1986, and September 30, 1987, such sums to remain available until expended.
(c) Allocation of funds 
Four per centum of the sums appropriated pursuant to this section shall be available to the Secretary for administration of this grants program. The remaining funds shall be available for grants to the eligible institutions for the purpose of assisting them in the purchase of equipment and land, and the planning, construction, alteration, or renovation of buildings to strengthen their capacity to conduct research in the food and agricultural sciences.
(d) Amount, terms, and conditions 
Grants awarded pursuant to this section shall be made in such amounts and under such terms and conditions as the Secretary shall determine necessary for carrying out the purposes of this section.
(e) Restrictions 
Federal funds provided under this section may not be utilized for the payment of any overhead costs of the eligible institutions.
(f) Rules and regulations 
The Secretary may promulgate such rules and regulations as the Secretary may deem necessary to carry out the provisions of this section.

7 USC 3224 - Repealed. Pub. L. 104127, title VIII, 873, Apr. 4, 1996, 110 Stat. 1175; Pub. L. 105185, title VI, 606(g), June 23, 1998, 112 Stat. 604

Section, Pub. L. 99–198, title XIV, § 1416, Dec. 23, 1985, 99 Stat. 1549; Pub. L. 101–624, title XVI, § 1601(d)(1), Nov. 28, 1990, 104 Stat. 3704, provided for grants to upgrade 1890 land-grant college extension facilities.