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Title 7 — Agriculture

Chapter 14 — Agricultural Experiment Stations

§ 390a. Review process

Statutory text

(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), 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 entity has the ability and commitment to support the long-term, ongoing operating and maintenance 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), 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); 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.

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.

  1. Pub. L. 88–74 § 3 · 77 Stat. 90

    Enacted · 7 U.S.C. § 390a

    Pub. L. 88–74, § 3, as added Pub. L. 104–127, title VIII, § 884(a), Apr. 4, 1996, 110 Stat. 1177

    Source evidence

    Code source credit
    Pub. L. 88–74, § 3, as added Pub. L. 104–127, title VIII, § 884(a), Apr. 4, 1996, 110 Stat. 1177

    Enacted provision · exact public law section
    Sec. 3. As used in sections 2 to 11, inclusive, of this Act— (1) the term “State” shall include Puerto Rico; (2) the term “State agricultural experiment station” means a department established under the direction of a college or university in any State in accordance with the Act entitled “An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic 12 Stat. 503. arts”, approved July 2, 1862 (7 U.S.C. 301); or a department otherwise established pursuant to standards prescribed by the State the purpose of which is to conduct agricultural research; and (3) the term “Secretary” shall mean the Secretary of Agriculture.

  2. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 106(a) · 112 Stat. 523

    Substituted · 7 U.S.C. § 390a(c)(2)(C)(ii)

    Pub. L. 105–185, § 106(a), substituted “national or multistate needs” for “regional needs”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C)(ii). Pub. L. 105–185, § 106(a), substituted “national or multistate needs” for “regional needs”.

    Enacted provision · exact public law section
    (a) Criteria for Approval.— Section 3(c)(2)(C)(ii) of the Research Facilities Act (7 U.S.C. 390a(c)(2)(C)(ii)) is amended by striking “regional needs” and inserting “national or multistate needs”.

  3. Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 § 106(b) · 112 Stat. 523

    Added · 7 U.S.C. § 390a(e)

    Pub. L. 105–185, § 106(b), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–185, § 106(b), added subsec. (e).

    Enacted provision · exact public law section
    (b) National or Multistate Needs Served by ARS Facilities.— Section 3 of the Research Facilities Act (7 U.S.C. 390a) is amended by adding at the end the following: “(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.”.

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title VII § 7503(a)(2) · 132 Stat. 4490

    1. Substituted · 7 U.S.C. § 390a(c)(2)(D)

      Pub. L. 115–334, in introductory provisions, substituted “recipient entity” for “recipient college, university, or nonprofit institution”

    2. Substituted · 7 U.S.C. § 390a(c)(2)(D)

      Pub. L. 115–334, in introductory provisions, substituted “operating and maintenance costs” for “operating costs”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(D). Pub. L. 115–334, in introductory provisions, substituted “recipient entity” for “recipient college, university, or nonprofit institution” and “operating and maintenance costs” for “operating costs”.

    Enacted provision · exact public law section
    (2) in section 3(c)(2)(D) (7 U.S.C. 390a(c)(2)(D)), by striking “recipient college, university, or nonprofit institution” and inserting “recipient entity”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 390a, Pub. L. 88–74, § 2, , 77 Stat. 90; Pub. L. 95–113, title XIV, § 1416(3), , 91 Stat. 996; Pub. L. 99–198, title XIV, § 1411(b), , 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.

Amendments1998–2018 · 2 rounds

2018

Subsec. (c)(2)(D). Pub. L. 115–334, in introductory provisions, substituted “recipient entity” for “recipient college, university, or nonprofit institution” and “operating and maintenance costs” for “operating costs”.

1998

Subsec. (c)(2)(C)(ii). Pub. L. 105–185, § 106(a), substituted “national or multistate needs” for “regional needs”.

Subsec. (e). Pub. L. 105–185, § 106(b), added subsec. (e).

Credits

1996–2018 · 3 acts
  1. 1996Pub. L. 88–74, § 3, as added Pub. L. 104–127, title VIII, § 884(a), , 110 Stat. 1177
  2. 1998amended Pub. L. 105–185, title I, § 106(a), (b), , 112 Stat. 530
  3. 2018Pub. L. 115–334, title VII, § 7503(a)(2), (b), , 132 Stat. 4821.
Show as published

(Pub. L. 88–74, § 3, as added Pub. L. 104–127, title VIII, § 884(a), , 110 Stat. 1177; amended Pub. L. 105–185, title I, § 106(a), (b), , 112 Stat. 530; Pub. L. 115–334, title VII, § 7503(a)(2), (b), , 132 Stat. 4821.)

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