USC Subchapter III

in effect

7 U.S.C. § 390 Definitions

In this subchapter: (1) Agricultural research facilityThe term “agricultural research facility” means a proposed facility for research in food and agricultural sciences for which Federal funds are requested by an entity eligible to receive funds under a capacity and infrastructure program (as defined in section 6971(f)(1)(C) of this title) to assist in the construction, alteration, acquisition, modernization, renovation, or remodeling of the facility. (2) Congressional agriculture committeesThe 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 sciencesThe term “food and agricultural sciences” has the meaning given that term in section 3103 of this title. (4) SecretaryThe term “Secretary” means the Secretary of Agriculture.

7 U.S.C. § 390a Review process

(a) Submission to SecretaryEach 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 processIn 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 SecretaryWith respect to each proposal for an agricultural research facility submitted under subsection (a), the Secretary shall determine whether the proposal meets the criteria set forth in paragraph (2). (2) CriteriaA proposal for an agricultural research facility shall meet the following criteria:(A) Non-Federal shareThe 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 facilitiesThe 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 prioritiesThe 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 supportThe proposal shall demonstrate that the recipient entity has the ability and commitment to support the long-term, ongoing operating and maintenance 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 proposalsNot later than 90 days after receiving a proposal under subsection (a), 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); and (2) report to the congressional agriculture committees on the results of the evaluation and assessment. (e) National or multistate needs served by ARS facilitiesThe Secretary shall ensure that each research activity conducted by a facility of the Agricultural Research Service serves a national or multistate need.

7 U.S.C. § 390b Competitive grant program

The Secretary shall establish a program to make competitive grants to assist in the construction, alteration, acquisition, modernization, renovation, or remodeling of agricultural research facilities.

7 U.S.C. § 390c Applicability of chapter 10 of title 5

Chapter 10 of title 5 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 U.S.C. § 390d Authorization of appropriations

(a) In generalSubject to subsections (b), (c), and (d), there are authorized to be appropriated such sums as are necessary for each of fiscal years 1996 through 2023 for the study, plan, design, structure, and related costs of agricultural research facilities under this subchapter. Funds appropriated pursuant to the preceding sentence shall be available until expended. (b) Allowable administrative costsNot 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. (c) Maximum amountNot more than 25 percent of the funds made available pursuant to subsections (a) and (e) for any fiscal year shall be used for any single agricultural research facility project. (d) Project limitationAn entity eligible to receive funds under this subchapter may receive funds for only one project at a time. (e) Mandatory fundingSubject to subsections (b), (c), and (d), of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out the competitive grant program under section 390b of this title $125,000,000 for fiscal year 2026 and each fiscal year thereafter.