§ 3222d. — Matching funds requirement for research and extension activities at eligible institutions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3222d]
TITLE 7--AGRICULTURE
CHAPTER 64--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
SUBCHAPTER VI--1890 LAND-GRANT COLLEGE FUNDING
Sec. 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, 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 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.
(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.
(Pub. L. 95-113, title XIV, Sec. 1449, as added Pub. L. 105-185, title
II, Sec. 226(a), June 23, 1998, 112 Stat. 542; amended Pub. L. 107-171,
title VII, Sec. 7212, May 13, 2002, 116 Stat. 447.)
References in Text
Act of August 30, 1890, referred to in subsec. (a)(1), is act Aug.
30, 1890, ch. 841, 26 Stat. 417, as amended, popularly known as the
Agricultural College Act of 1890 and also as the Second Morrill Act,
which 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.
Amendments
2002--Subsec. (c). Pub. L. 107-171, Sec. 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, Sec. 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.''
