TITLE 7 - US CODE - SUBCHAPTER III - RESEARCH FACILITIES

7 USC 390 - Definitions

In this subchapter:

(1) Agricultural research facility
The term agricultural research facility means a proposed facility for research in food and agricultural sciences for which Federal funds are requested by a college, university, or nonprofit">nonprofit institution to assist in the construction, alteration, acquisition, modernization, renovation, or remodeling of the facility.

(2) Congressional agriculture committees
The term congressional agriculture committees means the Committee on Appropriations and the Committee on Agriculture of the House of Representatives and the Committee on Appropriations and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

(3) Food and agricultural sciences
The term food and agricultural sciences has the meaning given that term in section 3103 of this title.

(4) Secretary
The term Secretary means the Secretary of Agriculture.

7 USC 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.

(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">nonprofit institutions, and facilities of the Agricultural Research Service, within the State and region.

(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">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.

7 USC 390b - Repealed. Pub. L. 107171, title VII, 7308(a), May 13, 2002, 116 Stat. 455

Section, Pub. L. 88–74, § 4, as added Pub. L. 104–127, title VIII, § 884(a), Apr. 4, 1996, 110 Stat. 1178; amended Pub. L. 105–185, title I, § 106(c), (d), June 23, 1998, 112 Stat. 530, related to task force on 10year strategic plan for agricultural research facilities. A prior section 390b, Pub. L. 88–74, § 3, July 22, 1963, 77 Stat. 90; Pub. L. 95–113, title XIV, § 1416(1), Sept. 29, 1977, 91 Stat. 994; Pub. L. 99–198, title XIV, § 1411(c), Dec. 23, 1985, 99 Stat. 1547, related to definitions, prior to the general amendment of this subchapter by Pub. L. 104–127. A prior section 4 of Pub. L. 88–74 was classified to section 390c of this title prior to the general amendment of this subchapter by Pub. L. 104–127.

7 USC 390c - Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to a panel or board created solely for the purpose of reviewing applications or proposals submitted under this subchapter.

7 USC 390d - Authorization of appropriations

(a) In general
Subject to subsection (b) of this section, there are authorized to be appropriated such sums as are necessary for each of fiscal years 1996 through 2012 for the study, plan, design, structure, and related costs of agricultural research facilities under this subchapter.

(b) Allowable administrative costs
Not more than 3 percent of the funds made available for any project for an agricultural research facility shall be available for administration of the project.