Title 7 — Agriculture
Chapter 64 — Agricultural Research, Extension, and Teaching
§ 3222d. Matching funds requirement for research and extension activities at eligible institutions
Statutory text
Definitions
In this section:
Eligible institution
The term “eligible institution” means a college eligible to receive funds under the Act of (7 U.S.C. 321 et seq.) (commonly known as the “Second Morrill Act”), including Tuskegee University.
Formula funds
The term “formula funds” means the formula allocation funds distributed to eligible institutions under sections 3221 and 3222 of this title.
Determination of non-Federal sources of funds
Not later than , each eligible institution shall submit to the Secretary a report describing for fiscal year 1999—
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
the amount of such funds generally available from each source.
Matching formula
Notwithstanding any other provision of this subchapter, the State shall provide equal matching funds from non-Federal sources.
Waiver authority
Notwithstanding subsection (f), the Secretary may waive the matching funds requirement under subsection (c) 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.
Use of matching funds
Under terms and conditions established by the Secretary, matching funds provided as required by subsection (c) may be used by an eligible institution for agricultural research, extension, and education activities.
Redistribution of funds
Redistribution required
Federal funds that are not matched by a State in accordance with subsection (c) 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.
Administration
Any redistribution of funds under this subsection shall be subject to the applicable matching requirement specified in subsection (c) and shall be made in a manner consistent with sections 3221 and 3222 of this title, as determined by the Secretary.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Agricultural Research, Extension, and Teaching Policy Act of 1977
Pub. L. 95–113 title XIV § 1449 · 91 Stat. 913
Enacted · 7 U.S.C. § 3222d
Pub. L. 95–113, title XIV, § 1449, as added Pub. L. 105–185, title II, § 226(a), June 23, 1998, 112 Stat. 542
Source evidence
Code source credit
Pub. L. 95–113, title XIV, § 1449, as added Pub. L. 105–185, title II, § 226(a), June 23, 1998, 112 Stat. 542Enacted provision · exact public law section
Sec. 1449. The Secretary shall carry out a program of competitive grants to persons and organizations, subject to the requirements and conditions provided for in sections 2(e), 2(f), and 2(h) of the Act of August 4, 1965 (79 Stat. 431; 7 U.S.C. 450i), as amended by section 1414 of this title, for carrying out research and development relating (1) uses of solar energy with respect to farm buildings, farm homes, and farm machinery (including, but not limited to, equipment used to dry or cure farm crops or forest products, or to provide irrigation); and (2) uses of biomass derived from solar energy, including farm and forest products, byproducts, and residues, as substitutes for nonrenewable fuels and petrochemicals.Pub. L. 107–171 § 7212(1) · 116 Stat. 134
Amended · 7 U.S.C. § 3222d(c)
Pub. L. 107–171, § 7212(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of this subchapter, the distribution of formula funds to an eligible institution shall be subject to the following matching requirements:
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–171, § 7212(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of this subchapter, the distribution of formula funds to an eligible institution shall be subject to the following matching requirements:“(1) For fiscal year 2000, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 30 percent of the formula funds to be distributed to the eligible institution. “(2) For fiscal year 2001, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 45 percent of the formula funds to be distributed to the eligible institution. “(3) For fiscal year 2002 and each fiscal year thereafter, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 50 percent of the formula funds to be distributed to the eligible institution.”
Enacted provision · exact public law section
“(1) by amending subsection (c) to read as follows: “(c) Matching Formula.— Notwithstanding any other provision of this subtitle, for each of fiscal years 2003 through 2007, the State shall provide matching funds from non-Federal sources. Such matching funds shall be for an amount equal to not less than— “(1) 60 percent of the formula funds the eligible institution for fiscal year 2003; “(2) 70 percent of the formula funds the eligible institution for fiscal year 2004; “(3) 80 percent of the formula funds the eligible institution for fiscal year 2005; “(4) 90 percent of the formula funds to be distributed to the eligible institution for fiscal year 2006; and “(5) 100 percent of the formula funds to be distributed to the eligible institution for fiscal year 2007 and each fiscal year thereafter.”; andPub. L. 107–171 § 7212(2) · 116 Stat. 134
Amended · 7 U.S.C. § 3222d(d)
Pub. L. 107–171, § 7212(2), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
Subsec. (d). Pub. L. 107–171, § 7212(2), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:“(1) Fiscal year 2000.—Notwithstanding subsection (f) of this section, the Secretary may waive the matching funds requirement under subsection (c)(1) of this section for fiscal year 2000 for an eligible institution of a State if the Secretary determines that, based on the report received under subsection (b) of this section, the State will be unlikely to satisfy the matching requirement. “(2) Future fiscal years.—The Secretary may not waive the matching requirement under subsection (c) of this section for any fiscal year other than fiscal year 2000.”
Enacted provision · exact public law section
(2) by amending subsection (d) to read as follows: “(d) Waiver Authority.— Notwithstanding subsection (f), the Secretary may waive the matching funds requirement under subsection (c) 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.”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 7127 · 122 Stat. 1651
Substituted · 7 U.S.C. § 3222d(c)
Pub. L. 110–246, § 7127, substituted “the State shall provide equal matching funds” for “for each of fiscal years 2003 through 2007, the State shall provide matching funds”
Struck · 7 U.S.C. § 3222d(c)
Pub. L. 110–246, § 7127, struck out at end “Such matching funds shall be for an amount equal to not less than—
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–246, § 7127, substituted “the State shall provide equal matching funds” for “for each of fiscal years 2003 through 2007, the State shall provide matching funds” and struck out at end “Such matching funds shall be for an amount equal to not less than—“(1) 60 percent of the formula funds to be distributed to the eligible institution for fiscal year 2003; “(2) 70 percent of the formula funds to be distributed to the eligible institution for fiscal year 2004; “(3) 80 percent of the formula funds to be distributed to the eligible institution for fiscal year 2005; “(4) 90 percent of the formula funds to be distributed to the eligible institution for fiscal year 2006; and “(5) 100 percent of the formula funds to be distributed to the eligible institution for fiscal year 2007 and each fiscal year thereafter.”
Enacted provision · exact public law section
SEC. 7127. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND EXTENSION ACTIVITIES OF 1890 INSTITUTIONS. Section 1449(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222d(c)) is amended— (1) in the first sentence— (A) by striking “for each of fiscal years 2003 through 2007,”; and (B) by inserting “equal” before “matching”; and (2) by striking the second sentence and all that follows through paragraph (5).Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
Act of , referred to in subsec. (a)(1), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§ 321 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 321 of this title and Tables.
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments2002–2008 · 2 rounds
2008
Subsec. (c). Pub. L. 110–246, § 7127, substituted “the State shall provide equal matching funds” for “for each of fiscal years 2003 through 2007, the State shall provide matching funds” and struck out at end “Such matching funds shall be for an amount equal to not less than—
“(1) 60 percent of the formula funds to be distributed to the eligible institution for fiscal year 2003;
“(2) 70 percent of the formula funds to be distributed to the eligible institution for fiscal year 2004;
“(3) 80 percent of the formula funds to be distributed to the eligible institution for fiscal year 2005;
“(4) 90 percent of the formula funds to be distributed to the eligible institution for fiscal year 2006; and
“(5) 100 percent of the formula funds to be distributed to the eligible institution for fiscal year 2007 and each fiscal year thereafter.”
2002
Subsec. (c). Pub. L. 107–171, § 7212(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of this subchapter, the distribution of formula funds to an eligible institution shall be subject to the following matching requirements:
“(1) For fiscal year 2000, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 30 percent of the formula funds to be distributed to the eligible institution.
“(2) For fiscal year 2001, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 45 percent of the formula funds to be distributed to the eligible institution.
“(3) For fiscal year 2002 and each fiscal year thereafter, the State shall provide matching funds from non-Federal sources in an amount equal to not less than 50 percent of the formula funds to be distributed to the eligible institution.”
Subsec. (d). Pub. L. 107–171, § 7212(2), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
“(1) Fiscal year 2000.—Notwithstanding subsection (f) of this section, the Secretary may waive the matching funds requirement under subsection (c)(1) of this section for fiscal year 2000 for an eligible institution of a State if the Secretary determines that, based on the report received under subsection (b) of this section, the State will be unlikely to satisfy the matching requirement.
“(2) Future fiscal years.—The Secretary may not waive the matching requirement under subsection (c) of this section for any fiscal year other than fiscal year 2000.”
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Credits
1998–2008 · 4 acts
- 1998Pub. L. 95–113, title XIV, § 1449, as added Pub. L. 105–185, title II, § 226(a), , 112 Stat. 542
- 2002amended Pub. L. 107–171, title VII, § 7212, , 116 Stat. 447
- 2008Pub. L. 110–234, title VII, § 7127, , 122 Stat. 1223
- 2008Pub. L. 110–246, § 4(a), title VII, § 7127, , 122 Stat. 1664, 1984.
Show as published
(Pub. L. 95–113, title XIV, § 1449, as added Pub. L. 105–185, title II, § 226(a), , 112 Stat. 542; amended Pub. L. 107–171, title VII, § 7212, , 116 Stat. 447; Pub. L. 110–234, title VII, § 7127, , 122 Stat. 1223; Pub. L. 110–246, § 4(a), title VII, § 7127, , 122 Stat. 1664, 1984.)