7 U.S.C. § 3222 : US Code - Section 3222: Agricultural research at 1890 land-grant colleges, including Tuskegee University

Search 7 U.S.C. § 3222 : US Code - Section 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 25 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 other's experience and take
advantage of each institution's 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 under penalty indicia: Provided, That each publication shall
bear such indicia as are prescribed by the Postmaster General and
shall be mailed under such regulations as the Postmaster General
may from time to time prescribe. 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.