§ 3221. — Extension at 1890 landgrant colleges, including Tuskegee University.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3221]
TITLE 7--AGRICULTURE
CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
SUBCHAPTER VI--1890 LAND-GRANT COLLEGE FUNDING
Sec. 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 15 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 after September 30, 1995, under section 3(d) of that
Act (7 U.S.C. 343(d)), to carry out programs or initiatives for
which no funds were made available under section 3(d) of that Act
for fiscal year 1995, or any previous fiscal year, as determined by
the Secretary, and shall not include amounts made available after
September 30, 1995, to carry out programs or initiatives funded
under section 3(d) of that Act prior to that date that are in excess
of the highest amount made available for the programs or initiatives
for fiscal year 1995, or any previous fiscal year, as determined by
the Secretary.
(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 under penalty
indicia: Provided, That each item 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 items may be mailed from a principal place of business of each
eligible institution or from an established subunit of such institution.
(Pub. L. 95-113, title XIV, Sec. 1444, Sept. 29, 1977, 91 Stat. 1007;
Pub. L. 97-98, title XIV, Sec. 1431, Dec. 22, 1981, 95 Stat. 1310; Pub.
L. 99-198, title XIV, Sec. 1415, Dec. 23, 1985, 99 Stat. 1549; Pub. L.
104-127, title VIII, Sec. 883(b), Apr. 4, 1996, 110 Stat. 1176; Pub. L.
105-185, title I, Sec. 103(f)(3)(A), title II, Secs. 225(a), 226(c)(2),
June 23, 1998, 112 Stat. 528, 540, 543; Pub. L. 107-171, title VII,
Sec. 7203(a), May 13, 2002, 116 Stat. 438.)
References in Text
Act of August 30, 1890, 26 Stat. 417, as amended, referred to in
subsec. (a)(1), is popularly known as the ``Agricultural College Act of
1890'' and also as the ``Second Morrill Act'', and is classified
generally to subchapter II (Sec. 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.
Act of May 8, 1914, 38 Stat. 372, as amended, referred to in subsec.
(a)(2), is popularly known as the ``Smith-Lever Act'', and is classified
generally to subchapter IV (Sec. 341 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 341 of this title and Tables.
Amendments
2002--Subsec. (a). Pub. L. 107-171 inserted subsec. heading,
designated first, third, fourth, and fifth sentences as pars. (1) to
(4), respectively, inserted headings, struck out ``Beginning with the
fiscal year ending September 30, 1979, and ending with the fiscal year
ending September 30, 1981, there shall be appropriated under this
section for each fiscal year an amount not less than 4 per centum of the
total appropriations for such year under the Act of May 8, 1914 (38
Stat. 372-374, as amended; 7 U.S.C. 341-349): Provided, That the amount
appropriated for the fiscal year ending September 30, 1979, shall not be
less than the amount made available for the fiscal year ending September
30, 1978, to such eligible institutions under section 3(d) of the Act of
May 8, 1914 (38 Stat. 373, as amended; 7 U.S.C. 343(d).'' after
``(hereinafter in this section referred to as ``eligible
institutions'').'' in par. (1), and substituted ``Beginning with fiscal
year 2003, there shall be appropriated under this section for each
fiscal year an amount that is not less than 15 percent'' for ``Beginning
with the fiscal year ending September 30, 1982, there shall be
appropriated under this section an amount not less than 5\1/2\ per
centum, and for each fiscal year thereafter an amount not less than 6
per centum'' in par. (2).
1998--Pub. L. 105-185, Sec. 226(c)(2)(A), substituted ``University''
for ``Institute'' in section catchline.
Subsecs. (a), (b). Pub. L. 105-185, Sec. 226(c)(2)(B), substituted
``Tuskegee University'' for ``Tuskegee Institute'' in first sentence of
subsec. (a) and concluding provisions of subsec. (b).
Subsec. (d). Pub. L. 105-185, Sec. 225(a), inserted subsec. heading,
designated existing provisions as pars. (1) and (2) and inserted par.
headings, in par. (2) substituted ``The amount to which an eligible
institution is entitled'' for ``Such sums'', and added pars. (3) to (5).
Subsecs. (f), (g). Pub. L. 105-185, Sec. 103(f)(3)(A), redesignated
subsec. (g) as (f) and struck out former subsec. (f) which read as
follows: ``If the Secretary finds that an eligible institution is not
entitled to receive its share of the annual appropriation, the facts and
reasons therefor shall be reported to the President, and the amount
involved shall be kept separate in the Treasury until the expiration of
the next Congress in order that the institution may, if it should so
desire, appeal to Congress from the determination of the Secretary. If
the next Congress does not direct such sum to be paid, it shall be
carried to surplus.''
1996--Subsec. (a). Pub. L. 104-127 inserted before period at end of
third sentence ``, except that for the purpose of this calculation, the
total appropriations shall not include amounts made available after
September 30, 1995, under section 3(d) of that Act (7 U.S.C. 343(d)), to
carry out programs or initiatives for which no funds were made available
under section 3(d) of that Act for fiscal year 1995, or any previous
fiscal year, as determined by the Secretary, and shall not include
amounts made available after September 30, 1995, to carry out programs
or initiatives funded under section 3(d) of that Act prior to that date
that are in excess of the highest amount made available for the programs
or initiatives for fiscal year 1995, or any previous fiscal year, as
determined by the Secretary''.
1985--Subsec. (a). Pub. L. 99-198 in third sentence, struck out ``,
through the fiscal year ending September 30, 1985,'' after ``fiscal year
thereafter'' and inserted at end ``, 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.)''.
1981--Subsec. (a). Pub. L. 97-98, Sec. 1431(1), (2), inserted
provisions designating the fiscal year ending Sept. 30, 1981, as the
last of the fiscal years for which the appropriation under this section
had to be 4 per centum or more of the total appropriation for each year
under the Act of May 8, 1914, and inserted provisions that, beginning
with the fiscal year ending Sept. 30, 1982, there must be appropriated
under this section an amount not less than 5\1/2\ per centum and for
each fiscal year thereafter, through the fiscal year ending Sept. 30,
1985, an amount not less than 6 per centum of the total appropriations
for such year under the Act of May 8, 1914.
Subsec. (b)(2)(B). Pub. L., 97-98, Sec. 1431(3), inserted ``current
at the time each such additional sum is first appropriated'' after ``the
last preceding decennial census'' in two places.
Subsec. (c). Pub. L. 97-98, Sec. 1431(4), substituted ``extension
administrator'' for ``administrative head for extension'' and inserted
provision for the submission of a comprehensive program of extension for
approval by the Secretary each five years after Sept. 29, 1977.
Subsec. (d). Pub. L. 97-98, Sec. 1431(5), substituted ``submitted,
as part of the State plan of work,'' for ``submitted by the proper
officials of each institution''.
Effective Date of 1998 Amendment
Pub. L. 105-185, title II, Sec. 225(c), June 23, 1998, 112 Stat.
542, provided that: ``The amendments made by this section [amending this
section and section 3222 of this title] take effect on October 1,
1999.''
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
Subchapter effective Oct. 1, 1977, see section 1901 of Pub. L. 95-
113, set out as an Effective Date of 1977 Amendment note under section
1307 of this title.
West Virginia State College, Institute, West Virginia
Pub. L. 106-78, title I, Oct. 22, 1999, 113 Stat. 1141, provided in
part that West Virginia State College in Institute, West Virginia: ``for
fiscal year 2000 and thereafter shall be designated as an eligible
institution under section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221)''.
Section Referred to in Other Sections
This section is referred to in section 3222d of this title; title 40
section 525.
