§ 361g. — Duties of Secretary; ascertainment of entitlement of State to funds; plans of work.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC361g]
TITLE 7--AGRICULTURE
CHAPTER 14--AGRICULTURAL EXPERIMENT STATIONS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 361g. Duties of Secretary; ascertainment of entitlement of
State to funds; plans of work
(a) Duties of Secretary
The Secretary of Agriculture is charged with the responsibility for
the proper administration of sections 361a to 361i of this title, 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 said sections, including participation in coordination of
research initiated under said sections by the State agricultural
experiment stations, from time to time to indicate such lines of inquiry
as to him seem most important, and to encourage and assist in the
establishment and maintenance of cooperation by and between the several
State agricultural experiment stations, and between the stations and the
United States Department of Agriculture.
(b) Ascertainment of entitlement
On or before the first day of October in each year after the passage
of sections 361a to 361i of this title, the Secretary of Agriculture
shall ascertain as to each State whether it is entitled to receive its
share of the annual appropriations for agricultural experiment stations
under said sections and the amount which thereupon each is entitled,
respectively, to receive.
(c) Carryover
(1) In general
The balance of any annual funds provided under sections 361a to
361i of this title to a State agricultural experiment station for a
fiscal year that remains unexpended at the end of the fiscal year
may be carried over for use during the following fiscal year.
(2) Failure to expend full allotment
(A) In general
If any unexpended balance carried over by a State 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 State.
(B) Redistribution
Federal funds that are deducted under subparagraph (A) for a
fiscal year shall be redistributed by the Secretary in
accordance with the formula set forth in section 361c(c) of this
title to those States for which no deduction under subparagraph
(A) has been taken for that fiscal year.
(d) Plan of work required
Before funds may be provided to a State under sections 361a to 361i
of this title for any fiscal year, a plan of work to be carried out
under sections 361a to 361i of this title shall be submitted by the
proper officials of the State and shall be approved by the Secretary of
Agriculture.
(e) Requirements related to plan of work
Each plan of work for a State required under subsection (d) of this
section shall contain descriptions of the following:
(1) The critical short-term, intermediate, and long-term
agricultural issues in the State and the current and planned
research programs and projects targeted to address the issues.
(2) 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.
(3) 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 efforts) to work with those other institutions.
(4) 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.
(f) Research protocols
(1) Development
The Secretary of Agriculture 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 subsection (d) of
this section.
(2) Consultation
The Secretary of Agriculture shall develop the protocols in
consultation with the National Agricultural Research, Extension,
Education, and Economics Advisory Board established under section
3123 of this title and land-grant colleges and universities.
(g) Treatment of plans of work for other purposes
To the maximum extent practicable, the Secretary shall consider a
plan of work submitted under subsection (d) of this section to satisfy
other appropriate Federal reporting requirements.
(Mar. 2, 1887, ch. 314, Sec. 7, 24 Stat. 441; Aug. 11, 1955, ch. 790,
Sec. 1, 69 Stat. 673; Pub. L. 86-533, Sec. 1(22), June 29, 1960, 74
Stat. 249; Pub. L. 94-273, Sec. 3(2), Apr. 21, 1976, 90 Stat. 376; Pub.
L. 105-185, title I, Sec. 103(f)(2), title II, Sec. 202(b), June 23,
1998, 112 Stat. 528, 532; Pub. L. 107-171, title VII, Sec. 7202, May 13,
2002, 116 Stat. 437.)
Codification
Section was formerly classified to section 379 of this title. See
section 361h of this title.
Amendments
2002--Subsec. (c). Pub. L. 107-171 added subsec. (c) and struck out
heading and text of former subsec. (c). Text read as follows: ``Whenever
it shall appear to the Secretary of Agriculture from the annual
statement of receipts and expenditures of funds by any State
agricultural experiment station that any portion of the preceding annual
appropriation allotted to that station under sections 361a to 361i of
this title remains unexpended, such amount shall be deducted from the
next succeeding annual allotment to the State concerned.''
1998--Pub. L. 105-185, Sec. 202(b), inserted section catchline,
designated existing provisions as subsecs. (a) to (c), inserted subsec.
headings, and added subsecs. (d) to (g).
Pub. L. 105-185, Sec. 103(f)(2), struck out at end ``If the
Secretary of Agriculture shall withhold from any State any portion of
the appropriations available for allotment, the facts and reasons
therefor shall be reported to the President and the amount involved
shall be kept separate in the Treasury until the close of the next
Congress. If the next Congress shall not direct such sum to be paid, it
shall be carried to surplus.''
1976--Pub. L. 94-273 substituted ``October'' for ``July'' in second
par.
1960--Pub. L. 86-533 repealed provisions which required the
Secretary of Agriculture to make a report to the Congress of the
receipts, expenditures and work of the agricultural experiment stations
in all the States under the provisions of sections 361a to 361i of this
title.
1955--Act Aug. 11, 1955, amended section generally to prescribe the
powers and duties of the Secretary of Agriculture, to provide for the
determination of the amount of entitlement, to authorize deduction of
unexpended balances, and to require reports. For provisions which stated
that the relation of the college to the State was unaffected, see
section 361h of this title.
Effective Date of 1998 Amendment
Amendment by section 202(b) of Pub. L. 105-185 effective Oct. 1,
1999, see section 202(c) of Pub. L. 105-185, set out as a note under
section 344 of this title.
Transfer of Functions
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4, 1953, 18
F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
Section Referred to in Other Sections
This section is referred to in section 361c of this title.
