§ 390a. — Review process.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC390a]
TITLE 7--AGRICULTURE
CHAPTER 14--AGRICULTURAL EXPERIMENT STATIONS
SUBCHAPTER III--RESEARCH FACILITIES
Sec. 390a. Review process
(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) of this section, 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 college,
university, or nonprofit institution has the ability and
commitment to support the long-term, ongoing operating 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) of this section, 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) of this section; 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.
(Pub. L. 88-74, Sec. 3, as added Pub. L. 104-127, title VIII,
Sec. 884(a), Apr. 4, 1996, 110 Stat. 1177; amended Pub. L. 105-185,
title I, Sec. 106(a), (b), June 23, 1998, 112 Stat. 530.)
Prior Provisions
A prior section 390a, Pub. L. 88-74, Sec. 2, July 22, 1963, 77 Stat.
90; Pub. L. 95-113, title XIV, Sec. 1416(3), Sept. 29, 1977, 91 Stat.
996; Pub. L. 99-198, title XIV, Sec. 1411(b), Dec. 23, 1985, 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.
Amendments
1998--Subsec. (c)(2)(C)(ii). Pub. L. 105-185, Sec. 106(a),
substituted ``national or multistate needs'' for ``regional needs''.
Subsec. (e). Pub. L. 105-185, Sec. 106(b), added subsec. (e).
