§ 5801 TITLE 7—AGRICULTURE Page 1606 section for any fiscal year that is in excess of Sec. the amount made available under this section 5854. State agricultural weather information sys- for fiscal year 2001, the Secretary shall, to the tems. 5855. Funding. maximum extent practicable— (1) give equal consideration to— SUBCHAPTER IV—RESEARCH REGARDING PRO- DUCTION, PREPARATION, PROCESSING, HAN- (A) proposals submitted by organizations DLING, AND STORAGE OF AGRICULTURAL that were participating organizations in PRODUCTS prior fiscal years; and (B) proposals submitted by eligible trade 5871 to 5874. Repealed. organizations that have not previously par- SUBCHAPTER V—PLANT AND ANIMAL PEST AND ticipated in the program established under DISEASE CONTROL PROGRAM this subchapter; and 5881 to 5885. Repealed. (2) give equal consideration to— SUBCHAPTER VI—ALTERNATIVE AGRICULTURAL (A) proposals submitted for activities in RESEARCH AND COMMERCIALIZATION emerging markets; and 5901 to 5909. Repealed. (B) proposals submitted for activities in SUBCHAPTER VII—MISCELLANEOUS RESEARCH markets other than emerging markets. PROVISIONS (Pub. L. 95–501, title VII, § 703, as added Pub. L. 5921. Biotechnology risk assessment research. 104–127, title II, § 252, Apr. 4, 1996, 110 Stat. 972; 5921a, 5922. Repealed. amended Pub. L. 107–171, title III, § 3105(b), May 5923. Rural electronic commerce extension pro- gram. 13, 2002, 116 Stat. 291; Pub. L. 110–246, title III, 5924. Agricultural Genome Initiative. § 3104(b), June 18, 2008, 122 Stat. 1833.) 5925. High-priority research and extension initia- AMENDMENTS tives. 5925a. Nutrient management research and extension 2008—Subsec. (a). Pub. L. 110–246 substituted ‘‘2008 initiative. through 2012’’ for ‘‘2002 through 2007’’. 5925b. Organic agriculture research and extension 2002—Pub. L. 107–171 amended section catchline and initiative. text generally. Prior to amendment, text read as fol- 5925c. Organic production and market data initia- lows: ‘‘There are authorized to be appropriated to carry tives. out this subchapter such sums as may be necessary for 5925d. International organic research collaboration. each of fiscal years 1996 through 2002.’’ 5925e. Agricultural bioenergy feedstock and energy efficiency research and extension initiative. EFFECTIVE DATE OF 2008 AMENDMENT 5925f. Farm business management. Amendment by Pub. L. 110–246 effective May 22, 2008, 5926 to 5928. Repealed. see section 4(b) of Pub. L. 110–246, set out as an Effec- 5929. Red meat safety research center. tive Date note under section 8701 of this title. 5930. Reservation extension agents. 5931, 5932. Repealed. CHAPTER 88—RESEARCH 5933. Assistive technology program for farmers with disabilities. SUBCHAPTER I—SUSTAINABLE AGRICULTURE 5934. Repealed. RESEARCH AND EDUCATION 5935. Use of remote sensing data and other data to Sec. anticipate potential food, feed, and fiber 5801. Purpose and definitions. shortages or excesses and to provide timely information to assist farmers with planting PART A—BEST UTILIZATION OF BIOLOGICAL decisions. APPLICATIONS 5936. Farm and Ranch Stress Assistance Network. 5811. Research and extension projects. 5937. Natural products research program. 5812. Program administration. 5938. Agricultural and rural transportation re- 5813. Federal-State matching grant program. search and education. 5814. Authorization of appropriations. SUBCHAPTER I—SUSTAINABLE PART B—INTEGRATED MANAGEMENT SYSTEMS AGRICULTURE RESEARCH AND EDUCATION 5821. Integrated management systems. § 5801. Purpose and definitions 5822. Integrated Farm Management Program Op- tion. (a) Purpose

PART C—SUSTAINABLE AGRICULTURE TECHNOLOGY It is the purpose of this subchapter to encour- DEVELOPMENT AND TRANSFER PROGRAM age research designed to increase our knowledge concerning agricultural production systems 5831. Technical guides and handbooks. 5832. National Training Program. that— (1) maintain and enhance the quality and SUBCHAPTER II—NATIONAL GENETIC productivity of the soil; RESOURCES PROGRAM (2) conserve soil, water, energy, natural re- 5841. Establishment, purpose, and functions of Na- sources, and fish and wildlife habitat; tional Genetic Resources Program. (3) maintain and enhance the quality of sur- 5842. Appointment and authority of Director. face and ground water; 5843. Advisory council. 5844. Definitions and authorization of appropria- (4) protect the health and safety of persons tions. involved in the food and farm system; (5) promote the well being of animals; and SUBCHAPTER III—NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM (6) increase employment opportunities in ag- riculture. 5851. Short title and purposes. (b) Definitions 5852. Agricultural Weather Office. 5853. Repealed. For purposes of this subchapter: Page 1607 TITLE 7—AGRICULTURE § 5811

(1) The term ‘‘sustainable agriculture’’ shall Subsec. (b)(5). Pub. L. 110–246, § 7101(b)(5)(B), sub- have the same meaning given to that term by stituted ‘‘section 3103’’ for ‘‘section 3103(7)’’. section 3103 of this title. Subsec. (b)(8). Pub. L. 110–246, § 7101(b)(5)(C), sub- (2) The term ‘‘integrated crop management’’ stituted ‘‘section 3103’’ for ‘‘section 3103(13)’’. 1996—Subsec. (b)(7) to (10). Pub. L. 104–127 redesig- means an agricultural management system nated pars. (8) to (10) as (7) to (9), respectively, and that integrates all controllable agricultural struck out former par. (7) which read as follows: ‘‘The production factors for long-term sustained term ‘Advisory Council’ means the National Sustain- productivity, profitability, and ecological able Agriculture Advisory Council established under soundness. section 5812(c) of this title.’’ (3) The term ‘‘integrated resource manage- 1991—Subsec. (b)(8). Pub. L. 102–237 substituted ‘‘Mar- ment’’ means livestock management which iana Islands’’ for ‘‘Marianas Islands’’. utilizes an interdisciplinary systems approach EFFECTIVE DATE OF 2008 AMENDMENT which integrates all controllable agricultural Amendment of this section and repeal of Pub. L. production practices to provide long-term sus- 110–234 by Pub. L. 110–246 effective May 22, 2008, the tained productivity and profitable production date of enactment of Pub. L. 110–234, see section 4 of of safe and wholesome food in an environ- Pub. L. 110–246, set out as an Effective Date note under mentally sound manner. section 8701 of this title. (4) The term ‘‘agribusiness’’ includes a pro- TERMINATION OF TRUST TERRITORY OF THE PACIFIC ducer or organization engaged in an agricul- ISLANDS tural enterprise with a profit motive. (5) The term ‘‘extension’’ shall have the For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title same meaning given to that term by section 48, Territories and Insular Possessions. 3103 of this title. (6) The term ‘‘Secretary’’ means the Sec- PART A—BEST UTILIZATION OF BIOLOGICAL retary of Agriculture. APPLICATIONS (7) The term ‘‘State’’ means each of the 50 States, the District of Columbia, the Common- § 5811. Research and extension projects wealth of Puerto Rico, Guam, the Virgin Is- (a) Projects required lands of the United States, American Samoa, The Secretary shall conduct research and ex- the Commonwealth of the Northern Mariana tension projects to obtain data, develop conclu- Islands, the Trust Territory of the Pacific Is- sions, demonstrate technologies, and conduct lands, or federally recognized Indian tribes. educational programs that promote the purposes (8) The term ‘‘State agricultural experiment of this part, including research and extension stations’’ shall have the same meaning given projects that— to that term by section 3103 of this title. (1) facilitate and increase scientific inves- (9) The term ‘‘nonprofit organization’’ tigation and education in order to— means an organization, group, institute, or in- (A) reduce, to the extent feasible and prac- stitution that— ticable, the use of chemical pesticides, fer- (A) has a demonstrated capacity to con- tilizers, and toxic natural materials in agri- duct agricultural research or education pro- cultural production; grams; (B) improve low-input farm management (B) has experience in research, demonstra- to enhance agricultural productivity, profit- tion, education, or extension in sustainable ability, and competitiveness; and agricultural practices and systems; and (C) promote crop, livestock, and enterprise (C) qualifies as a nonprofit organization diversification; and under section 501(c) of title 26. (2) facilitate the conduct of projects in order (Pub. L. 101–624, title XVI, § 1619, Nov. 28, 1990, to— 104 Stat. 3733; Pub. L. 102–237, title IV, § 407(2), (A) study, to the extent practicable, agri- Dec. 13, 1991, 105 Stat. 1864; Pub. L. 104–127, title cultural production systems that are located VIII, § 860(c)(1), Apr. 4, 1996, 110 Stat. 1173; Pub. in areas that possess various soil, climate, L. 110–234, title VII, § 7101(b)(5), May 22, 2008, 122 and physical characteristics; Stat. 1213; Pub. L. 110–246, § 4(a), title VII, (B) study farms that have been, and will § 7101(b)(5), June 18, 2008, 122 Stat. 1664, 1975.) continue to be, managed using farm produc- REFERENCES IN TEXT tion practices that rely on low-input and This subchapter, referred to in subsecs. (a) and (b), conservation practices; was in the original ‘‘this subtitle’’, meaning subtitle B (C) take advantage of the experience and (§§ 1619–1629) of title XVI of Pub. L. 101–624, Nov. 28, 1990, expertise of farmers and ranchers through 104 Stat. 3733, which enacted this subchapter, repealed their direct participation and leadership in sections 4701 to 4710 of this title, and repealed provi- projects; sions set out as a note under section 4701 of this title. (D) transfer practical, reliable and timely For complete classification of subtitle B to the Code, information to farmers and ranchers con- see Tables. cerning low-input sustainable farming prac- CODIFICATION tices and systems; and Pub. L. 110–234 and Pub. L. 110–246 made identical (E) promote a partnership between farm- amendments to this section. The amendments by Pub. ers, nonprofit organizations, agribusiness, L. 110–234 were repealed by section 4(a) of Pub. L. and public and private research and exten- 110–246. sion institutions. AMENDMENTS (b) Agreements 2008—Subsec. (b)(1). Pub. L. 110–246, § 7101(b)(5)(A), The Secretary shall carry out this section substituted ‘‘section 3103’’ for ‘‘section 3103(17)’’. through agreements entered into with land- § 5812 TITLE 7—AGRICULTURE Page 1608 grant colleges or universities, other univer- (h) Public access sities, State agricultural experiment stations, The Secretary shall ensure that research the State cooperative extension services, non- projects conducted under this section are open profit organizations with demonstrable exper- for public observation at specified times. tise, or Federal or State governmental entities. (i) Indemnification (c) Selection of projects (1) In general (1) In general Subject to paragraph (2), the Secretary may The Secretary shall select research and ex- indemnify the operator of a project conducted tension projects to be conducted under this under this section for damage incurred or section on the basis of— undue losses sustained as a result of a rigid re- (A) the relevance of the project to the pur- quirement of research or demonstration under poses of this part; such project that is not experienced in normal (B) the appropriateness of the design of the farming operations. project; (2) Subject to agreement (C) the likelihood of obtaining the objec- tives of the project; and An indemnity payment under paragraph (1) (D) the national or regional applicability shall be subject to any agreement between a of the findings and outcomes of the proposed project grantee and operator entered into project. prior to the initiation of such project. (2) Priority (Pub. L. 101–624, title XVI, § 1621, Nov. 28, 1990, 104 Stat. 3734; Pub. L. 104–127, title VIII, In conducting projects under this section, § 860(c)(2), Apr. 4, 1996, 110 Stat. 1173.) the Secretary shall give priority to projects that— AMENDMENTS (A) closely coordinate research and exten- 1996—Subsec. (c)(1). Pub. L. 104–127, § 860(c)(2)(A), re- sion activities; designated subpars. (B) to (E) as (A) to (D), respec- (B) indicate the manner in which the find- tively, and struck out former subpar. (A) which read as ings of the project will be made readily usa- follows: ‘‘the recommendations of the Advisory Coun- ble by farmers; cil;’’. (C) maximize the involvement and co- Subsec. (c)(2). Pub. L. 104–127, § 860(c)(2)(B), redesig- nated subpars. (B) to (F) as (A) to (E), respectively, and operation of farmers, including projects in- struck out former subpar. (A) which read as follows: volving on-farm research and demonstra- ‘‘are recommended by the Advisory Council;’’. tion; (D) involve a multidisciplinary systems § 5812. Program administration approach; and (a) Duties of Secretary (E) involve cooperation between farms, non-profit organizations, colleges and uni- The Secretary shall— versities, and government agencies. (1) administer the programs and projects conducted under sections 5811 and 5813 of this (d) Diversification of research title through the National Institute of Food The Secretary shall conduct projects and stud- and Agriculture, Agricultural Research Serv- ies under this section in areas that are broadly ice, and other appropriate agencies; representative of the diversity of United States (2) establish a minimum of four Regional Ad- agricultural production, including production on ministrative Councils in accordance with sub- family farms, mixed-crop livestock farms and section (b) of this section; and dairy operations. (3) in conjunction with such Regional Ad- (e) On-farm research ministrative Councils, identify regional host institutions required to carry out such pro- The Secretary may conduct projects and ac- grams or projects. tivities that involve on-farm research and dem- onstration in carrying out this section. (b) Regional Administrative Councils (1) Membership (f) Impact studies The membership of the Regional Adminis- The Secretary may approve study projects trative Councils shall include representatives concerning the national and regional economic, of— global competitiveness, social and environ- (A) the Agricultural Research Service; mental implications of the adoption of low-input (B) the National Institute of Food and Ag- sustainable agricultural practices and systems. riculture; (g) Project duration (C) State cooperative extension services; (1) In general (D) State agricultural experiment sta- The Secretary may approve projects to be tions; conducted under this section that have a dura- (E) the Soil Conservation Service; tion of more than one fiscal year. (F) State departments engaged in sustain- able agriculture programs; (2) Sequence planting (G) nonprofit organizations with demon- In the case of a research project conducted strable expertise; under this section that involves the planting (H) farmers utilizing systems and practices of a sequence of crops or crop rotations, the of sustainable agriculture; Secretary shall approve such projects for a (I) agribusiness; term that is appropriate to the sequence or ro- (J) the State or United States Geological tation being studied. Survey; and Page 1609 TITLE 7—AGRICULTURE § 5813

(K) other persons knowledgeable about struck out former subpar. (A) which read as follows: sustainable agriculture and its impact on ‘‘make recommendations to the Advisory Council con- the environment and rural communities. cerning research and extension projects that merit funding under sections 5811 and 5813 of this title;’’. (2) Responsibilities Subsecs. (c) to (e). Pub. L. 104–127, § 860(b)(2), (3), re- The Regional Administrative Councils designated subsec. (e) as (b) and struck out subsec. (c) shall— which provided for membership of the National Sus- (A) promote the programs established tainable Agriculture Advisory Council and subsec. (d) which set forth responsibilities of Advisory Council. under this subchapter at the regional level; (B) establish goals and criteria for the se- EFFECTIVE DATE OF 2008 AMENDMENT lection of projects authorized under this sub- Amendment of this section and repeal of Pub. L. chapter within the applicable region; 110–234 by Pub. L. 110–246 effective May 22, 2008, the (C) appoint a technical committee to date of enactment of Pub. L. 110–234, except as other- evaluate the proposals for projects to be con- wise provided, see section 4 of Pub. L. 110–246, set out sidered under this subchapter by such coun- as an Effective Date note under section 8701 of this cil; title. (D) review and act on the recommenda- Amendment by section 7511(c)(15) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. tions of the technical committee, and coor- 110–246, set out as a note under section 1522 of this title. dinate its activities with the regional host institution; and § 5813. Federal-State matching grant program (E) prepare and make available an annual (a) Establishment report concerning projects funded under sec- tions 5811 and 5813 of this title, together The Secretary shall establish a Federal-State with an evaluation of the project activity. matching grant program to make grants to States to assist in the creation or enhancement (3) Conflict of interest of State sustainable agriculture research, exten- A member of the Regional Administrative sion, and education programs, in furtherance of Council or a technical committee may not this subchapter. participate in the discussion or recommenda- (b) Eligible programs and activities tion of proposed projects if the member has or had a professional or business interest in, in- States eligible to receive a grant under this cluding the provision of consultancy services, section may conduct a variety of activities de- the organization whose grant application is signed to carry out the purpose of this sub- under review. chapter, including— (1) activities that encourage the incorpora- (Pub. L. 101–624, title XVI, § 1622, Nov. 28, 1990, tion and integration of sustainable agriculture 104 Stat. 3736; Pub. L. 104–127, title VIII, § 860(a), concerns in all State research, extension, and (b), Apr. 4, 1996, 110 Stat. 1173; Pub. L. 110–234, education projects; title VII, § 7511(c)(15), May 22, 2008, 122 Stat. 1268; (2) educational programs for farmers, edu- Pub. L. 110–246, § 4(a), title VII, § 7511(c)(15), June cators, and the public; 18, 2008, 122 Stat. 1664, 2030.) (3) the development and funding of innova- CODIFICATION tive research, extension, and education pro- grams regarding sustainable agriculture; Pub. L. 110–234 and Pub. L. 110–246 made identical (4) the conduct of research and demonstra- amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. tion projects; 110–246. (5) the provision of technical assistance to farmers and ranchers; AMENDMENTS (6) activities that encourage farmer-to-farm- 2008—Subsec. (a)(1). Pub. L. 110–246, § 7511(c)(15)(A), er information exchanges; substituted ‘‘the National Institute of Food and Agri- (7) the incorporation of sustainable agri- culture’’ for ‘‘the Cooperative State Research Service culture studies in undergraduate and graduate in close cooperation with the Extension Service’’. degree programs; and Subsec. (b)(1)(B) to (L). Pub. L. 110–246, § 7511(c)(15)(B), (8) such other activities that are appropriate added subpar. (B), redesignated former subpars. (D) to (L) as (C) to (K), respectively, and struck out former to the agricultural concerns of the State that subpars. (B) and (C) which read as follows: are consistent with the purpose of this part. ‘‘(B) the Cooperative State Research Service; (c) Submission of plan ‘‘(C) the Extension Service;’’. (1) Required 1996—Subsec. (a)(2) to (4). Pub. L. 104–127, § 860(b)(1), redesignated pars. (3) and (4) as (2) and (3), respectively, States that elect to apply for a grant under substituted ‘‘subsection (b)’’ for ‘‘subsection (e)’’ in par. this section shall prepare and submit, to the (2), and struck out former par. (2) which read as fol- appropriate Regional Administrative Council lows: ‘‘establish the Advisory Council in accordance established under section 5812 of this title, a with subsection (c) of this section;’’. State plan and schedule for approval by such Subsec. (b). Pub. L. 104–127, § 860(a), (b)(3), redesig- council and the Secretary. nated subsec. (e) as (b) and struck out former subsec. (b) which required Secretary, not later than Apr. 1, (2) Elements of plan 1991, and each April 1 thereafter, to prepare and submit State plans prepared under paragraph (1) to congressional committees and to Advisory Council shall provide details of the proposed program report describing results of programs carried out under to be implemented using funds provided under sections 5811, 5813, and 5821 of this title and report de- scribing progress of projects conducted under this sub- this section for fiscal years 1991 through 1995, chapter. or any 5-year period thereafter, and shall iden- Subsec. (b)(2). Pub. L. 104–127, § 860(b)(4), redesignated tify the sources of matching State funds for subpars. (B) to (F) as (A) to (E), respectively, and the same fiscal year. § 5814 TITLE 7—AGRICULTURE Page 1610

(3) Participation of farmers systems and practices to assist agricultural To be eligible for approval, State plans sub- producers in the adoption of these systems and mitted under this subsection shall dem- practices; onstrate that there will be extensive and di- (3) to accumulate and analyze information rect participation of farmers in the develop- on agricultural production practices re- ment, implementation, and evaluation of the searched or developed under programs estab- program. lished under this subchapter, chapter 86 of this title,1 and other appropriate programs of the (d) Grant award Department of Agriculture to further the de- (1) Limits velopment of integrated crop and livestock Subject to paragraph (2), the Secretary shall management systems; provide grants to eligible States in an amount (4) to facilitate the adoption of whole-farm not to exceed 50 percent of the cost of the es- integrated crop and livestock management tablishment or enhancement of a State sus- systems through demonstration projects on in- tainable agriculture program under a plan ap- dividual farms, including small and limited re- proved by the Secretary under subsection (c) source farms, throughout the United States; of this section for a period not to exceed 5 and years. (5) to evaluate and recommend appropriate integrated crop and livestock management (2) State contribution policies and programs. To be eligible to receive a grant under this (b) Development and adoption of integrated crop section, a State shall agree to pay, from State management practices appropriated funds, other State revenue, or The Secretary shall encourage agricultural from private contributions received by the producers to adopt and develop individual, site- State, not less than 50 percent of the cost of specific integrated crop management practices. the establishment or enhancement of the sus- On a priority basis, the Secretary shall develop tainable agriculture program under an ap- and disseminate information on integrated crop proved plan under subsection (c) of this sec- management systems for agricultural producers tion. in specific localities or crop producing regions (Pub. L. 101–624, title XVI, § 1623, Nov. 28, 1990, where the Secretary determines— 104 Stat. 3738.) (1) water quality is impaired as a result of local or regional agricultural production prac- § 5814. Authorization of appropriations tices; or There are authorized to be appropriated (2) the adoption of such practices may aid in $40,000,000 for each fiscal year to carry out this the recovery of endangered or threatened spe- part. Of amounts appropriated to carry out this cies. part for a fiscal year, not less than $15,000,000, or (c) Development and adoption of integrated re- not less than two thirds of any such appropria- source management practices tion, whichever is greater, shall be used to carry The Secretary shall, on a priority basis, de- out sections 5811 and 5812 of this title. velop programs to encourage livestock produc- (Pub. L. 101–624, title XVI, § 1624, Nov. 28, 1990, ers to develop and adopt individual, site-specific 104 Stat. 3739; Pub. L. 102–237, title IV, § 408, Dec. integrated resource management practices. 13, 1991, 105 Stat. 1865.) These programs shall be designed to benefit pro- ducers and consumers through— AMENDMENTS (1) optimum use of available resources and 1991—Pub. L. 102–237 substituted ‘‘and 5812’’ for ‘‘and improved production and financial efficiency 5813’’. for producers; (2) identifying and prioritizing the research PART B—INTEGRATED MANAGEMENT SYSTEMS and educational needs of the livestock indus- try relating to production and financial effi- § 5821. Integrated management systems ciency, competitiveness, environmental stabil- (a) Establishment ity, and food safety; and (3) utilizing an interdisciplinary approach. The Secretary shall establish a research and education program concerning integrated re- (d) Authorization of appropriations source management and integrated crop man- There are authorized to be appropriated for agement in order to enhance research related to each fiscal year $20,000,000 to carry out this sec- farming operations, practices, and systems that tion through the National Institute of Food and optimize crop and livestock production poten- Agriculture. tial and are environmentally sound. The purpose (Pub. L. 101–624, title XVI, § 1627, Nov. 28, 1990, of the program shall be— 104 Stat. 3739; Pub. L. 104–127, title VIII, (1) to encourage producers to adopt inte- § 862(b)(2), Apr. 4, 1996, 110 Stat. 1174; Pub. L. grated crop and livestock management prac- 110–234, title VII, § 7511(c)(16), May 22, 2008, 122 tices and systems that minimize or abate ad- Stat. 1269; Pub. L. 110–246, § 4(a), title VII, verse environmental impacts, reduce soil ero- § 7511(c)(16), June 18, 2008, 122 Stat. 1664, 2030.) sion and loss of water and nutrients, enhance the efficient use of on-farm and off-farm in- REFERENCES IN TEXT puts, and maintain or increase profitability This subchapter, referred to in subsec. (a)(3), was in and long-term productivity; the original ‘‘this subtitle’’, meaning subtitle B (2) to develop knowledge and information on integrated crop and livestock management 1 See References in Text note below. Page 1611 TITLE 7—AGRICULTURE § 5822

(§§ 1619–1629) of title XVI of Pub. L. 101–624, Nov. 28, 1990, and energy conservation measures, and 104 Stat. 3733, which enacted this subchapter, repealed health and safety considerations. sections 4701 to 4710 of this title, and repealed provi- (D) The term ‘‘integrated farm manage- sions set out as a note under section 4701 of this title. ment plan’’ means a comprehensive, multi- For complete classification of subtitle B to the Code, see Tables. year, site-specific plan that meets the re- Chapter 86 of this title, referred to in subsec. (a)(3), quirements of subsection (f) of this section. was in the original ‘‘subtitle G of title XIV’’, meaning (2) Crops subtitle G (§§ 1481–1485) of title XIV of Pub. L. 101–624, For purposes of paragraph (1)(A)— which was repealed by Pub. L. 105–185, title III, § 302(c), (A) The term ‘‘grass’’ means perennial June 23, 1998, 112 Stat. 563. grasses commonly used for haying or graz- CODIFICATION ing. Pub. L. 110–234 and Pub. L. 110–246 made identical (B) The term ‘‘legume’’ means forage leg- amendments to this section. The amendments by Pub. umes (such as alfalfa or clover) or any leg- L. 110–234 were repealed by section 4(a) of Pub. L. ume grown for use as a forage or green ma- 110–246. nure, but not including any bean crop from which the seeds are harvested. AMENDMENTS (C) The term ‘‘small grain’’ shall not in- 2008—Subsec. (d). Pub. L. 110–246, § 7511(c)(16), sub- clude malting barley or wheat, except for stituted ‘‘National Institute of Food and Agriculture’’ wheat interplanted with other small grain for ‘‘Extension Service’’. crops for nonhuman consumption. 1996—Subsec. (a)(3). Pub. L. 104–127 struck out ‘‘and section 5881 of this title’’ before ‘‘and other appro- (D) The term ‘‘alternative crops’’ means priate’’. experimental and industrial crops grown in arid and semiarid regions that conserve soil EFFECTIVE DATE OF 2008 AMENDMENT and water. Amendment of this section and repeal of Pub. L. (c) Eligibility 110–234 by Pub. L. 110–246 effective May 22, 2008, the To be eligible to participate in the program es- date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out tablished by this section, a producer must— as an Effective Date note under section 8701 of this (1) prepare and submit to the Secretary for title. approval an integrated farm management plan Amendment by section 7511(c)(16) of Pub. L. 110–246 (hereafter referred to in this section as the effective Oct. 1, 2009, see section 7511(c) of Pub. L. ‘‘plan’’); 110–246, set out as a note under section 1522 of this title. (2) actively apply the terms and conditions of the plan, as approved by the Secretary; § 5822. Integrated Farm Management Program (3) devote to a resource-conserving crop, on Option the average through the life of the contract, (a) Establishment not less than 20 percent of the crop acreage The Secretary of Agriculture (hereafter in this bases enrolled under such program; section referred to as the ‘‘Secretary’’) shall, by (4) comply with the terms and conditions of regulation, establish a voluntary program, to be any annual acreage limitation program in ef- known as the ‘‘Integrated Farm Management fect for the crop acreage bases contracted Program Option’’ (hereafter referred to in this under the terms of this subsection; and section as the ‘‘program’’), designed to assist (5) keep such records as the Secretary may producers of agricultural commodities in adopt- reasonably require. ing integrated, multiyear, site-specific farm (d) Acreage management plans by reducing farm program In accepting contracts for the program, the barriers to resource stewardship practices and Secretary, to the extent practicable, shall enroll systems. not less than 3,000,000, nor more than 5,000,000, (b) Definitions acres of cropland in each of the calendar years 1991 through 1995. (1) In general (e) Contracts For purposes of this section— (A) The term ‘‘resource-conserving crop’’ The Secretary shall enter into contracts with means legumes, legume-grass mixtures, leg- producers to enroll acreage in the program. ume-small grain mixtures, legume-grass- Such contracts shall be for a period of not less small grain mixtures, and alternative crops. than 3 years, but may, at the producer’s option, (B) The term ‘‘resource-conserving crop ro- be for a longer period of time (up to 5 years) and tation’’ means a crop rotation that includes may be renewed upon mutual agreement be- at least one resource-conserving crop and tween the Secretary and the producer. that reduces erosion, maintains or improves (f) Requirements of plans soil fertility and tilth, interrupts pest cy- Each plan approved by the Secretary shall— cles, or conserves water. (1) specify the acreage and the crop acreage (C) The term ‘‘farming operations and bases to be enrolled in the program; practices’’ includes the integration of crops (2) describe the resource-conserving crop ro- and crop-plant variety selection, rotation tation to be implemented and maintained on practices, tillage systems, soil conserving such acreage during the contract period to ful- and soil building practices, nutrient man- fill the purposes of the program; agement strategies, biological control and (3) contain a schedule for the implementa- integrated pest management strategies, live- tion, improvement and maintenance of the re- stock production and management systems, source-conserving crop rotation described in animal waste management systems, water the plan; § 5822 TITLE 7—AGRICULTURE Page 1612

(4) describe the farming operations and prac- price support, production adjustment, or tices to be implemented on such acreage and conservation program activities. how such operations and practices could rea- (ii) Maximize conservation goals sonably be expected to result in— (A) the maintenance or enhancement of The Secretary shall, to the greatest ex- the overall productivity and profitability of tent practicable, permit producers on a the farm; farm that desire to participate in the pro- (B) the prevention of the degradation of gram authorized under this section to en- farmland soils, the long-term improvement roll acreage adequate to maximize con- of the fertility and physical properties of servation goals on such farm and ensure such soils; and economic effectiveness of the program in (C) the protection of water supplies from each individual application. contamination by managing or minimizing (E) Displacement agricultural pollutants if their management The Secretary shall not approve any plan or minimization results in positive economic that will result in the involuntary displace- and environmental benefits; ment of farm tenants or lessees by land- (5) assist the producer to comply with all owners through the removal of substantial Federal, State, and local requirements de- portions of the farm from production of a signed to protect soil, wetland, wildlife habi- commodity. In the case of any tenant or les- tat, and the quality of groundwater and sur- see who has rented or leased the farm (with face water; and or without a written option for annual re- (6) contain such other terms as the Sec- newal or periodic renewals) for a period of retary may, by regulation, require. two or more of the immediately preceding years, the Secretary shall consider the re- (g) Administration; certification; termination fusal by a landlord, without reasonable (1) Administration; technical assistance; flexi- cause other than simply for the purpose of bility; implementation; displacement enrollment in the program, to renew such (A) Administration rental or lease as an involuntary displace- The program shall be administered by the ment in the absence of a written consent to Secretary. such nonrenewal by the tenant or lessee. (2) Certification (B) Technical assistance The Secretary shall certify compliance by In administering the program, the Sec- producers with the terms and conditions of the retary, in consultation with the local con- plans. servation districts, and any State or local authorities deemed appropriate by the Sec- (3) Termination retary, shall provide technical assistance to The Secretary may terminate a contract en- producers in developing and implementing tered into with a producer under this program plans, evaluating the effectiveness of plans, if— and assessing the costs and benefits of farm- (A) the producer agrees to such termi- ing operations and practices. The plans may nation, or draw on handbooks and technical guides and (B) the producer violates the terms and may also include other practices appropriate conditions of such contract. to the particular circumstances of the pro- (h) Program rules ducer and the purposes of the program. (1) Base and yield protection (C) Flexibility Notwithstanding any other provision of law, In administering the program, the Sec- the Secretary shall not, except as provided in retary shall provide sufficient flexibility for paragraph (6), reduce crop acreage bases, or a producer to adjust or modify the produc- farm program payment yields, as a result of er’s plan consistent with this section, except the planting of a resource-conserving crop as that such adjustments or modifications part of a resource-conserving crop rotation. must be approved by the Secretary. (2) Resource-conserving crops on reduced acre- (D) Minimization of adverse effect age (i) In general Notwithstanding the provisions of title I of Notwithstanding any other provision of the Agricultural Act of 1949 [7 U.S.C. 1441 et this section, the Secretary shall imple- seq.], acreage devoted to resource-conserving ment this section in such a manner as to crops as part of a resource-conserving crop ro- minimize any adverse economic effect on tation under this program may also be des- the agribusinesses and other agricultur- ignated as conservation use acreage for the ally related economic interests within any purpose of fulfilling any provisions under any county, State, or region that may result acreage limitation or land diversion program from a decrease of harvested acres due to and up to 50 percent of the acreage so des- the operation of this section. In carrying ignated shall be without restrictions on out this section, the Secretary may re- haying and grazing, except as provided in strict the total amount of crop acreage paragraph (5)(B), except that such acreage that may be removed from production, that is devoted to perennial cover on which taking into consideration the total cost-share assistance for the establishment of amount of crop acreage that has, or will the perennial cover has been provided, shall be, removed from production under other not be credited towards the producer’s re- Page 1613 TITLE 7—AGRICULTURE § 5822

source-conserving crop requirement under a ceive payments under farm programs for contract under this section. wheat, feed grains, cotton, or rice under the (3) Barley, oats, and wheat Agricultural Act of 1949 [7 U.S.C. 1421 et seq.] on acreage equal to the average number of Notwithstanding any other provisions of this traditionally underplanted acres for the section, barley, oats, or wheat planted as part three years prior to enrolling in this pro- of a resource-conserving crop on reduced acre- gram. age may not be harvested in kernel form. (B) ‘‘Traditionally underplanted acreage’’ de- (4) Payment acres fined Notwithstanding any other provision of this (i) In general Act, the Secretary shall not reduce farm pro- Subject to clause (ii), for the purposes of gram payments of participants in this pro- this paragraph the term ‘‘traditionally gram as a result of the planting a resource- underplanted acreage’’ means the dif- conserving crop as part of a resource-conserv- ference in a particular year between the ing crop rotation on payment acres. acreage that is part of a producer’s crop (5) Haying and grazing restriction acreage base that is not planted to the pro- (A) In general gram crop and the part of the crop acreage base subject to an acreage limitation pro- The Secretary shall not make any program gram or required to be set aside, but only payments to a producer who is otherwise eli- to the extent that such number exceeds gible to receive with respect to acreage en- the number of acres resulting from the re- rolled in the program if such producer hays duction in payment acres under an amend- or grazes such acreage (excluding acreage ment made by section 1101 of the Omnibus designated as conservation use acreage) dur- Budget Reconciliation Act of 1990 (Public ing the 5-month period in each State during Law 101–508; 104 Stat. 1388–1). In no case which haying and grazing of conserving use shall such acreage be less than zero. acres is not allowed under the provisions of (ii) Exception the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], or, if the crop planted on such acreage In the case of a producer participating in includes a small grain, before the producer a particular year in a program authorized harvests the small grain crop in kernel form. under section 101B(c)(1)(D), 103B(c)(1)(D), 105B(c)(1)(E), or 107B(c)(1)(E) 1 of the Agri- (B) Limitation on permitted haying and graz- cultural Act of 1949, the term ‘‘tradition- ing ally underplanted acreage’’ means 8 per- Notwithstanding any other provision of cent of the producer’s permitted acreage this section, if the Secretary determines for such year. that implementation of this section will re- (Pub. L. 101–624, title XIV, § 1451, Nov. 28, 1990, sult in a significant adverse economic im- 104 Stat. 3607; Pub. L. 101–508, title I, § 1204(a), pact on hay or livestock prices in a particu- Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 102–237, lar geographic area, the Secretary may limit title II, § 201(a), Dec. 13, 1991, 105 Stat. 1846.) the quantity of hay that can be harvested or grazed from that area. Such limit may in- REFERENCES IN TEXT clude restrictions on the number of times The Agricultural Act of 1949, referred to in subsec. that hay may be harvested or grazed from (h)(2), (5)(A), (6), (7)(A), is act Oct. 31, 1949, ch. 792, 63 the acres per year, the timing of such har- Stat. 1051, as amended, which is classified principally vesting and grazing, or the number of years to chapter 35A (§ 1421 et seq.) of this title. Title I of the Agricultural Act of 1949, is classified generally to sub- that such land may remain in the same hay chapter II (§ 1441 et seq.) of chapter 35A of this title. stand, or a prohibition on the harvesting or Sections 101B, 103B, 105B, and 107B of the Act were clas- grazing of hay from acres on which a small sified to sections 1441–2, 1444–2, 1444f, and 1445b–3a of grain was not originally interplanted with this title prior to repeal by Pub. L. 104–127, title I, the hay crop and harvested for grain. § 171(b)(2)(A)–(D), Apr. 4, 1996, 110 Stat. 938. For com- plete classification of this Act to the Code, see Short (6) Base acre adjustments Title note set out under section 1421 of this title and The Secretary, only for the purpose of estab- Tables. lishing a producer’s crop acreage base under This Act, referred to in subsec. (h)(4), is Pub. L. the Agricultural Act of 1949 [7 U.S.C. 1421 et 101–624, Nov. 28, 1990, 104 Stat. 3359, as amended, known as the Food, Agriculture, Conservation, and Trade Act seq.], may make such adjustments as the Sec- of 1990. For complete classification of this Act to the retary determines to be fair and equitable to Code, see Short Title note set out under section 1421 of reflect resource-conserving crop rotation prac- this title and Tables. tices that were maintained by producers prior Section 1101 of the Omnibus Budget Reconciliation to participation in the program and to reflect Act of 1990, referred to in subsec. (h)(7)(B)(i), is section such other factors as the Secretary determines 1101 of Pub. L. 101–508, which amended former sections should be considered, except that the total of 1441–2, 1444–2, 1444f, and 1445b–3a of this title. such adjustments in any year shall not exceed CODIFICATION the total farm program savings in the same Section was not enacted as part of subtitle B of title year that would result from the implementa- XVI of Pub. L. 101–624 which comprises this subchapter. tion of plans. AMENDMENTS (7) Payment acreage limitation 1991—Subsec. (b)(1)(D). Pub. L. 102–237, § 201(a)(1), sub- (A) In general stituted ‘‘subsection (f)’’ for ‘‘subsection (e)’’. No producers enrolled in a resource-con- serving crop rotation shall be eligible to re- 1 See References in Text note below. § 5831 TITLE 7—AGRICULTURE Page 1614

Subsec. (d). Pub. L. 102–237, § 201(a)(2), inserted ‘‘each (d) Organization and contents of’’ before ‘‘the calendar’’. Subsec. (f)(5). Pub. L. 102–237, § 201(a)(3), substituted The handbooks and guides, and other edu- ‘‘assist’’ for ‘‘assisting’’. cational materials, shall provide practical in- Subsec. (h)(7)(B)(i). Pub. L. 102–237, § 201(a)(4)(A), in- structions and be organized in such a manner as serted before period at end of first sentence ‘‘, but only to enable agricultural producers desiring to im- to the extent that such number exceeds the number of plement the practices and systems developed acres resulting from the reduction in payment acres under this subchapter, chapter 86 of this title,1 under an amendment made by section 1101 of the Omni- and other appropriate research programs of the bus Budget Reconciliation Act of 1990 (Public Law Department to address site-specific, environ- 101–508; 104 Stat. 1388–1)’’. Subsec. (h)(7)(B)(ii). Pub. L. 102–237, § 201(a)(4)(B), sub- mental and resource management problems and stituted ‘‘under section 101B(c)(1)(D), 103B(c)(1)(D), to sustain farm profitability, including— 105B(c)(1)(E), or 107B(c)(1)(E)’’ for ‘‘under section (1) enhancing and maintaining the fertility, 101B(c)(1)(B), section 103B(c)(1)(B), section 105A(c)(1)(B), productivity, and conservation of farmland or section 107A(c)(1)(B)’’. and ranch soils, ranges, pastures, and wildlife; 1990—Subsec. (d). Pub. L. 101–508, § 1204(a)(1), sub- (2) maximizing the efficient and effective use stituted ‘‘enroll not less than’’ for ‘‘enroll not more of agricultural inputs; than’’. (3) protecting or enhancing the quality of Subsec. (h)(7)(A). Pub. L. 101–508, § 1204(a)(2), sub- stituted ‘‘shall be eligible’’ for ‘‘shall not be eligible’’. water resources; or (4) optimizing the use of on-farm and non- EFFECTIVE DATE OF 1991 AMENDMENT renewable resources. Amendment by Pub. L. 102–237 effective as if included (e) Availability in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub. L. 101–624, to which the The Secretary shall ensure that handbooks amendment relates, see section 1101(b)(1) of Pub. L. and technical guides, and other educational ma- 102–237, set out as a note under section 1421 of this title. terials are made available to the agricultural community and the public through colleges and EFFECTIVE DATE OF 1990 AMENDMENT universities, the State Cooperative Extension Amendment by Pub. L. 101–508 effective Nov. 29, 1990, Service, the Soil Conservation Service, other see section 1301 of Pub. L. 101–508, set out as an Effec- State and Federal agencies, and any other ap- tive Date note under section 940d of this title. propriate entities.

PART C—SUSTAINABLE AGRICULTURE TECH- (f) Authorization of appropriations NOLOGY DEVELOPMENT AND TRANSFER PRO- There are authorized to be appropriated such GRAM sums as may be necessary to carry out the pro- visions of this section. § 5831. Technical guides and handbooks (Pub. L. 101–624, title XVI, § 1628, Nov. 28, 1990, (a) Development 104 Stat. 3740; Pub. L. 102–237, title IV, § 407(3), Not later than two years after November 28, Dec. 13, 1991, 105 Stat. 1864; Pub. L. 104–127, title 1990, the Secretary shall develop and make VIII, §§ 860(c)(3), 862(b)(3), Apr. 4, 1996, 110 Stat. available handbooks and technical guides, and 1174.) any other educational materials that are appro- REFERENCES IN TEXT priate for describing sustainable agriculture production systems and practices, as researched This subchapter, referred to in subsecs. (a), (c), and (d), was in the original ‘‘this subtitle’’, meaning sub- and developed under this subchapter, chapter 86 title B (§§ 1619–1629) of title XVI of Pub. L. 101–624, Nov. 1 of this title, and other appropriate research 28, 1990, 104 Stat. 3733, which enacted this subchapter, programs of the Department. repealed sections 4701 to 4710 of this title, and repealed (b) Consultation and coordination provisions set out as a note under section 4701 of this title. For complete classification of subtitle B to the The Secretary shall develop the handbooks, Code, see Tables. technical guides, and educational materials in Chapter 86 of this title, referred to in subsecs. (a) and consultation with the Natural Resources Con- (d), was in the original ‘‘subtitle G of title XIV’’, mean- servation Service and any other appropriate en- ing subtitle G (§§ 1481–1485) of title XIV of Pub. L. tities designated by the Secretary. The Sec- 101–624, which was repealed by Pub. L. 105–185, title III, retary shall coordinate activities conducted § 302(c), June 23, 1998, 112 Stat. 563. under this section with those conducted under AMENDMENTS section 3861 of title 16. 1996—Subsec. (a). Pub. L. 104–127, § 862(b)(3), struck (c) Topics of handbooks and guides out ‘‘section 5881 of this title,’’ before ‘‘and other ap- The handbooks and guides, and other edu- propriate’’. Subsec. (b). Pub. L. 104–127, § 860(c)(3), substituted cational materials, shall include detailed infor- ‘‘Natural Resources Conservation Service’’ for ‘‘Advi- mation on the selection of crops and crop-plant sory Council, the Soil Conservation Service,’’. varieties, rotation practices, soil building prac- Subsec. (d). Pub. L. 104–127, § 862(b)(3), struck out tices, tillage systems, nutrient management, in- ‘‘section 5881 of this title,’’ before ‘‘and other appro- tegrated pest management practices, habitat priate’’ in introductory provisions. protection, pest, weed, and disease management, 1991—Subsec. (c). Pub. L. 102–237 substituted ‘‘edu- livestock management, soil, water, and energy cational’’ for ‘‘education’’. conservation, and any other practices in accord- § 5832. National Training Program ance with or in furtherance of the purpose of this subchapter. (a) In general The Secretary shall establish a National 1 See References in Text note below. Training Program in Sustainable Agriculture to Page 1615 TITLE 7—AGRICULTURE § 5832 provide education and training for Cooperative ties with expertise in sustainable agriculture Extension Service agents and other profes- to assist in the design and implementation of sionals involved in the education and transfer of the training program under paragraph (2). technical information concerning sustainable (5) Coordination of resources agriculture in order to develop their understand- ing, competence, and ability to teach and com- Such centers shall make use of information municate the concepts of sustainable agri- generated by the Department of Agriculture culture to Cooperative Extension Service agents and the State agricultural experiment sta- and to farmers and urban residents who need in- tions, and the practical experience of farmers, formation on sustainable agriculture. especially those cooperating in on-farm dem- onstrations and research projects, in carrying (b) Administration out the functions of such centers. The National Training Program shall be orga- (e) Competitive grants nized and administered by the National Insti- tute of Food and Agriculture, in coordination (1) In general with other appropriate Federal agencies. The The Secretary shall establish a competitive Secretary shall designate an individual from the grants program to award grants to organiza- Cooperative Extension Service in each State to tions, including land-grant colleges and uni- coordinate the National Training Program with- versities, to carry out sustainable agricultural in that State. The coordinators shall be respon- training for county agents and other individ- sible, in cooperation with appropriate Federal uals that need basic information concerning and State agencies, for developing and imple- sustainable agriculture practices. menting a statewide training program for appro- (2) Short courses priate field office personnel. The purpose of the grants made available (c) Required training under paragraph (1) shall be to establish, in (1) Agricultural agents various regions in the United States, training The Secretary shall ensure that all agricul- programs that consist of workshops and short tural agents of the Cooperative Extension courses designed to familiarize participants Service have completed the National Training with the concepts and importance of sustain- Program not later than the end of the five- able agriculture. year period beginning on November 28, 1990. (f) Regional specialists Such training may occur at a college or uni- To assist county agents and farmers imple- versity located within each State as des- ment production practices developed under this ignated by the coordinator designated under subchapter, chapter 86 of this title,1 and other this section. appropriate research programs of the Depart- (2) Proof of training ment, regional sustainable agriculture special- Beginning three years after November 28, ists may be designated within each State who 1990, the Secretary shall ensure that all new shall report to the State coordinator of that Cooperative Extension Service agents em- State. The specialists shall be responsible for de- ployed by such Service are able to dem- veloping and coordinating local dissemination of onstrate, not later than 18 months after the sustainable agriculture information in a manner employment of such agents, that such agents that is useful to farmers in the region. have completed the training program estab- (g) Information availability lished in subsection (a) of this section. The Cooperative Extension Service within (d) Regional training centers each State shall transfer information developed (1) Designation under this subchapter, chapter 86 of this title,1 The Secretary shall designate not less than and other appropriate research programs of the two regional training centers to coordinate Department through a program that shall— and administer educational activities in sus- (1) assist in developing farmer-to-farmer in- tainable agriculture as provided for in this formation exchange networks to enable farm- section. ers making transitions to more sustainable farming systems to share ideas and draw on (2) Training program the experiences of other farmers; Such centers shall offer intensive instruc- (2) help coordinate and publicize a regular tional programs involving classroom and field series of sustainable agriculture farm tours training work for extension specialists and and field days within each State; other individuals who are required to transmit (3) plan for extension programming, includ- technical information. ing extensive farmer input and feedback, in (3) Prohibition on construction the design of new and ongoing research en- deavors related to sustainable agriculture; Such centers shall be located at existing fa- (4) provide technical assistance to individual cilities, and no funds appropriated to carry out farmers in the design and implementation of this part shall be used for facility construc- farm management plans and strategies for tion. making a transition to more sustainable agri- (4) Administration cultural systems; Such centers should be administered by enti- (5) consult and work closely with the Soil ties that have a demonstrated capability re- Conservation Service and the Agricultural lating to sustainable agriculture. The Sec- retary should consider utilizing existing enti- 1 See References in Text note below. § 5841 TITLE 7—AGRICULTURE Page 1616

Stabilization and Conservation Service in car- AMENDMENTS rying out the information, technical assist- 2008—Subsec. (b). Pub. L. 110–246, § 7511(c)(17)(A), sub- ance, and related programs; stituted ‘‘the National Institute of Food and Agri- (6) develop, coordinate, and direct special culture’’ for ‘‘the Extension Service’’ in first sentence. education and outreach programs in areas Subsec. (h). Pub. L. 110–246, § 7511(c)(17)(B), sub- highly susceptible to groundwater contamina- stituted ‘‘National Institute of Food and Agriculture’’ for ‘‘Extension Service’’. tion, linking sustainable agriculture informa- 1998—Subsec. (g). Pub. L. 105–185 struck out ‘‘section tion with water quality improvement informa- 5881 of this title,’’ before ‘‘and other appropriate re- tion; search’’ in introductory provisions. (7) develop information sources relating to 1996—Subsecs. (f), (g)(11). Pub. L. 104–127 struck out crop diversification, alternative crops, on- ‘‘section 5881 of this title,’’ before ‘‘and other appro- farm food or commodity processing, and on- priate’’. 1991—Subsec. (c)(1). Pub. L. 102–237 substituted ‘‘en- farm energy generation; sure’’ for ‘‘insure’’. (8) establish a well-water testing program designed to provide those persons dependent EFFECTIVE DATE OF 2008 AMENDMENT upon underground drinking water supplies Amendment of this section and repeal of Pub. L. with an understanding of the need for regular 110–234 by Pub. L. 110–246 effective May 22, 2008, the water testing, information on sources of test- date of enactment of Pub. L. 110–234, except as other- ing, and an understanding of how to interpret wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this test results and provide for the protection of title. underground water supplies; Amendment by section 7511(c)(17) of Pub. L. 110–246 (9) provide specific information on water effective Oct. 1, 2009, see section 7511(c) of Pub. L. quality practices developed through the re- 110–246, set out as a note under section 1522 of this title. search programs in chapter 86 of this title; 1 (10) provide specific information on nutrient SUBCHAPTER II—NATIONAL GENETIC management practices developed through the RESOURCES PROGRAM research programs in chapter 86 of this title; 1 § 5841. Establishment, purpose, and functions of and National Genetic Resources Program (11) provide information concerning whole- farm management systems integrating re- (a) In general search results under this subchapter, chapter The Secretary of Agriculture shall provide for 86 of this title,1 and other appropriate research a National Genetic Resources Program. programs of the Department. (b) Purpose (h) ‘‘Appropriate field office personnel’’ defined The program is established for the purpose of maintaining and enhancing a program providing For purposes of this section, the term ‘‘appro- for the collection, preservation, and dissemina- priate field office personnel’’ includes employees tion of genetic material of importance to Amer- of the National Institute of Food and Agri- ican food and agriculture production. culture, Soil Conservation Service, and other (c) Administration appropriate Department of Agriculture person- nel, as determined by the Secretary, whose ac- The program shall be administered by the Sec- tivities involve the provision of agricultural retary through the Agricultural Research Serv- production and conservation information to ag- ice. ricultural producers. (d) Functions (i) Authorization of appropriations The Secretary, acting through the program, shall— There are authorized to be appropriated (1) provide for the collection, classification, $20,000,000 for each fiscal year to carry out the preservation, and dissemination of genetic ma- National Training Program. terial of importance to the food and agri- (Pub. L. 101–624, title XVI, § 1629, Nov. 28, 1990, culture sectors of the United States; 104 Stat. 3741; Pub. L. 102–237, title IV, § 407(4), (2) conduct research on the genetic mate- Dec. 13, 1991, 105 Stat. 1864; Pub. L. 104–127, title rials collected and on methods for storage and VIII, § 862(b)(4), Apr. 4, 1996, 110 Stat. 1174; Pub. preservation of those materials; L. 105–185, title VI, § 606(f), June 23, 1998, 112 (3) coordinate the activities of the program Stat. 604; Pub. L. 110–234, title VII, § 7511(c)(17), with similar activities occurring domestically; (4) unless otherwise prohibited by law, have May 22, 2008, 122 Stat. 1269; Pub. L. 110–246, § 4(a), the right to make available on request, with- title VII, § 7511(c)(17), June 18, 2008, 122 Stat. out charge and without regard to the country 1664, 2030.) from which the request originates, the genetic REFERENCES IN TEXT material that the program assembles; (5) expand the types of genetic resources in- Chapter 86 of this title, referred to in subsecs. (f) and cluded in the program to develop a comprehen- (g), was in the original ‘‘subtitle G of title XIV’’, mean- ing subtitle G (§§ 1481–1485) of title XIV of Pub. L. sive genetic resources program which includes 101–624, which was repealed by Pub. L. 105–185, title III, plants (including silvicultural species), ani- § 302(c), June 23, 1998, 112 Stat. 563. mal, aquatic, insect, microbiological, and other types of genetic resources of importance CODIFICATION to food and agriculture, as resources permit; Pub. L. 110–234 and Pub. L. 110–246 made identical and amendments to this section. The amendments by Pub. (6) engage in such other activities as the L. 110–234 were repealed by section 4(a) of Pub. L. Secretary determines appropriate and as the 110–246. resources of the program permit. Page 1617 TITLE 7—AGRICULTURE § 5843

(Pub. L. 101–624, title XVI, § 1632, Nov. 28, 1990, (e) Initial reports 104 Stat. 3744; Pub. L. 104–127, title VIII, § 832(a), Not later than one year after November 28, Apr. 4, 1996, 110 Stat. 1168.) 1990, the Director shall transmit to the Sec- AMENDMENTS retary and to the Congress a report— (1) describing the projected needs over a 10- 1996—Subsec. (d)(4). Pub. L. 104–127 added par. (4) and struck out former par. (4) which read as follows: ‘‘make year period in each of the areas of genetic re- available upon request, without charge and without re- sources described in section 5841(d)(5) of this gard to the country from which such request origi- title, including the identification of existing nates, the genetic material which the program assem- components of a comprehensive program, poli- bles;’’. cies and activities needed to coordinate those components, and additional elements not in § 5842. Appointment and authority of Director existence which are required for the develop- (a) Director ment of a comprehensive genetic resources There shall be at the head of the program an program as described in such section; official to be known as the Director of the Na- (2) assessing the international efforts and tional Genetic Resources Program who shall be activities related to the program, and their ef- appointed by the Secretary. The Director shall fect upon and coordination with the program; perform such duties as are assigned to the Direc- and tor by this subchapter and such other duties as (3) evaluating the potential effect of various the Secretary may prescribe. national laws, including national quarantine requirements, as well as treaties, agreements, (b) Administrative authority and the activities of international organiza- In carrying out this subchapter, the Secretary, tions on the development of a comprehensive acting through the Director— international system for the collection and (1) shall be responsible for the overall direc- maintenance of genetic resources of impor- tion of the program and for the establishment tance to agriculture. and implementation of general policies re- specting the management and operation of ac- (Pub. L. 101–624, title XVI, § 1633, Nov. 28, 1990, tivities within the program; 104 Stat. 3744; Pub. L. 102–237, title IV, § 404(a)(2), (2) may secure for the program consultation Dec. 13, 1991, 105 Stat. 1864.) services and advice of persons from the United AMENDMENTS States and abroad; 1991—Subsec. (a). Pub. L. 102–237 substituted ‘‘Re- (3) may accept voluntary and uncompen- sources Program’’ for ‘‘Resources program’’. sated services; and (4) may perform such other administrative TERMINATION OF REPORTING REQUIREMENTS functions as the Secretary determines are For termination, effective May 15, 2000, of provisions needed to effectively carry out this sub- in subsec. (d) of this section relating to biennial reports chapter. to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title (c) Duties 31, Money and Finance, and page 49 of House Document The Director shall— No. 103–7. (1) advise participants on the program ac- tivities; § 5843. Advisory council (2) coordinate, review and facilitate the sys- (a) Establishment and membership tematic identification and evaluation of, rel- The Secretary shall establish an advisory evant information generated under the pro- council for the program for the purpose of advis- gram; ing, assisting, consulting with, and making rec- (3) promote the effective transfer of the in- ommendations to, the Secretary and Director formation described in paragraph (2) to the ag- concerning matters related to the activities, riculture and food production community and policies and operations of the program. The ad- to entities that require such information; and visory council shall consist of ex officio mem- (4) monitor the effectiveness of the activities bers and not more than nine members appointed described in paragraph (3). by the Secretary. (d) Biennial reports (b) Ex officio members The Director shall prepare and transmit to the The ex officio members of the advisory council Secretary and to the Congress a biennial report shall consist of the following persons (or their containing— designees): (1) a description of the activities carried out (1) The Director. by and through the program and the policies (2) The Assistant Secretary of Agriculture of the program, and such recommendations re- for Science and Education. specting such activities and policies as the Di- (3) The Director of the National Agricultural rector considers to be appropriate; Library. (2) a description of the necessity for, and (4) The Director of the National Institutes of progress achieved toward providing, additional Health. programs and activities designed to include (5) The Director of the National Science the range of genetic resources described in sec- Foundation. tion 5841(d)(5) of this title in the activities of (6) The Secretary of Energy. the program; and (7) The Director of the Office of Science and (3) an assessment of events and activities oc- Technology Policy. curring internationally as they relate to the (8) Such additional officers and employees of activities and policies of the program. the United States as the Secretary determines § 5844 TITLE 7—AGRICULTURE Page 1618

are necessary for the advisory council to effec- at least two times each fiscal year. The location tively carry out its functions. of the meetings of the advisory council shall be (c) Appointment of other members subject to the approval of the Director. The members of the advisory council who are (h) Staff not ex officio members shall be appointed by the The Director shall make available to the advi- Secretary as follows: sory council such staff, information, and other (1) Two-thirds of the members shall be ap- assistance as it may require to carry out its pointed from among the leading representa- functions. tives of the scientific disciplines relevant to (i) Orientation and training the activities of the program, including agri- cultural sciences, environmental sciences, nat- The Director shall provide such orientation ural resource sciences, health sciences, and and training for new members of the advisory nutritional sciences. council as may be appropriate for their effective (2) One-third of the members shall be ap- participation in the functions of the advisory pointed from the general public and shall in- council. clude leaders in fields of public policy, trade, (j) Comments and recommendations international development, law, or manage- The advisory council may prepare, for inclu- ment. sion in a report submitted under section 5842 of (d) Compensation this title— Members of the advisory council shall serve (1) comments respecting the activities of the without compensation, if not otherwise officers advisory council during the period covered by or employees of the United States, except that the report; they shall, while away from their homes or reg- (2) comments on the progress of the program ular places of business in the performance of in meeting its objectives; and services for the advisory council, be allowed (3) recommendations respecting the future travel expenses, including per diem in lieu of directions, program, and policy emphasis of subsistence, in the same manner as persons em- the program. ployed intermittently in the Government serv- (k) Reports ice are allowed expenses under sections 5701 The advisory council may prepare such reports through 5707 of title 5. as the advisory council determines to be appro- (e) Term of office of appointees; vacancies priate. (1) Term (l) Application of Advisory Committee Act The term of office of a member appointed Section 14(a) of the Federal Advisory Commit- under subsection (c) of this section is four tee Act (5 U.S.C. App.) relating to the termi- years, except that any member appointed to nation of an advisory committee shall not apply fill a vacancy occurring before the expiration to the advisory council established under this of the term for which the predecessor of such section. member was appointed shall be appointed only for the remainder of such term. (Pub. L. 101–624, title XVI, § 1634, Nov. 28, 1990, (2) Initial appointment 104 Stat. 3745; Pub. L. 102–237, title IV, § 407(5), Dec. 13, 1991, 105 Stat. 1864.) The Secretary shall make appointments to the advisory council so as to ensure that the REFERENCES IN TEXT terms of the members appointed under sub- Section 14(a) of the Federal Advisory Committee Act, section (c) of this section do not all expire in referred to in subsec. (l), is section 14(a) of Pub. L. the same year. A member may serve after the 92–463, which is set out in the Appendix to Title 5, Gov- expiration of the member’s term until a suc- ernment Organization and Employees. cessor takes office. AMENDMENTS (3) Reappointment 1991—Subsec. (l). Pub. L. 102–237 substituted ‘‘council A member who is appointed for a term of established’’ for ‘‘committee established’’. four years may not be reappointed to the advi- sory council before two years after the date of § 5844. Definitions and authorization of appro- expiration of such term of office. priations (4) Vacancies (a) Definitions If a vacancy occurs in the advisory council For purposes of this subchapter: among the members appointed under sub- (1) The term ‘‘program’’ means the National section (c) of this section, the Secretary shall Genetic Resources Program. make an appointment to fill such vacancy (2) The term ‘‘Secretary’’ means the Sec- within 90 days after the date such vacancy oc- retary of Agriculture. curs. (3) The term ‘‘Director’’ means the Director (f) Chair of the National Genetic Resources Program. The Secretary shall select as the chair of the (b) Authorization of appropriations advisory council one of the members appointed There are authorized to be appropriated such under subsection (c) of this section. The term of funds as may be necessary to carry out this sub- office of the chair shall be two years. chapter for each of the fiscal years 1991 through (g) Meetings 2012. The advisory council shall meet at the call of (Pub. L. 101–624, title XVI, § 1635, Nov. 28, 1990, the chair or on the request of the Director, but 104 Stat. 3747; Pub. L. 104–127, title VIII, § 832(b), Page 1619 TITLE 7—AGRICULTURE § 5852

Apr. 4, 1996, 110 Stat. 1168; Pub. L. 105–185, title are of the highest scientific accuracy and III, § 301(b)(1), June 23, 1998, 112 Stat. 562; Pub. L. thoroughly documented, and that such data 107–171, title VII, § 7118, May 13, 2002, 116 Stat. bases are easily accessible for remote com- 434; Pub. L. 110–234, title VII, § 7201, May 22, 2008, puter access. 122 Stat. 1233; Pub. L. 110–246, § 4(a), title VII, (Pub. L. 101–624, title XVI, § 1637, Nov. 28, 1990, § 7201, June 18, 2008, 122 Stat. 1664, 1994.) 104 Stat. 3747.) CODIFICATION § 5852. Agricultural Weather Office Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. (a) Establishment of Office and administration of L. 110–234 were repealed by section 4(a) of Pub. L. system 110–246. (1) Establishment required AMENDMENTS The Secretary of Agriculture shall establish 2008—Subsec. (b). Pub. L. 110–246, § 7201, substituted in the Department of Agriculture an Agricul- ‘‘2012’’ for ‘‘2007’’. tural Weather Office to plan and administer 2002—Subsec. (b). Pub. L. 107–171 substituted ‘‘2007’’ the National Agricultural Weather Informa- for ‘‘2002’’. tion System. The system shall be comprised of 1998—Subsec. (b). Pub. L. 105–185 substituted ‘‘2002’’ the office established under this section and for ‘‘1997’’. the activities of the State agricultural weath- 1996—Subsec. (b). Pub. L. 104–127 substituted ‘‘1997’’ er information systems described in section for ‘‘1995’’. 5854 of this title. EFFECTIVE DATE OF 2008 AMENDMENT (2) Director Amendment of this section and repeal of Pub. L. The Secretary shall appoint a Director to 110–234 by Pub. L. 110–246 effective May 22, 2008, the manage the activities of the Agricultural date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under Weather Office and to advise the Secretary on section 8701 of this title. scientific and programmatic coordination for climate, weather, and remote sensing. SUBCHAPTER III—NATIONAL AGRICUL- (b) Authority TURAL WEATHER INFORMATION SYSTEM The Secretary, acting through the Office, may § 5851. Short title and purposes undertake the following activities to carry out this subchapter: (a) Short title (1) Enter into cooperative projects with the This subchapter may be cited as the ‘‘National National Weather Service to— Agricultural Weather Information System Act (A) support operational weather forecast- of 1990’’. ing and observation useful in agriculture; (b) Purposes (B) sponsor joint workshops to train agri- culturalists about the optimum utilization The purposes of this subchapter are— of agricultural weather and climate data; (1) to provide a nationally coordinated agri- (C) jointly develop improved computer cultural weather information system, based on models and computing capacity; and the participation of universities, State pro- (D) enhance the quality and availability of grams, Federal agencies, and the private weather and climate information needed by weather consulting sector, and aimed at meet- agriculturalists. ing the weather and climate information needs of agricultural producers; (2) Obtain standardized weather observation (2) to facilitate the collection, organization, data collected in near real time through State and dissemination of advisory weather and cli- agricultural weather information systems. mate information relevant to agricultural pro- (3) Make, through the National Institute of ducers, through the participation of the pri- Food and Agriculture, competitive grants vate sector and otherwise; under subsection (c) of this section for re- (3) to provide for research and education on search in atmospheric sciences and cli- agricultural weather and climate information, matology. aimed at improving the quality and quantity (4) Make grants to eligible States under sec- of weather and climate information available tion 5854 of this title to plan and administer to agricultural producers, including research State agricultural weather information sys- on short-term forecasts of thunderstorms and tems. on extended weather forecasting techniques (5) Coordinate the activities of the Office and models; with the weather and climate research activi- (4) to encourage, where feasible, greater pri- ties of the National Institute of Food and Ag- vate sector participation in providing agricul- riculture, the National Academy of Sciences, tural weather and climate information, to en- the National Science Foundation Atmospheric courage private sector participation in educat- Services Program, and the National Climate ing and training farmers and others in the Program. proper utilization of agricultural weather and (6) Encourage private sector participation in climate information, and to strengthen their the National Agricultural Weather Informa- ability to provide site-specific weather fore- tion System through mutually beneficial co- casting for farmers and the agricultural sector operation with the private sector, particularly in general; and in generating weather and climatic data useful (5) to ensure that the weather and climate for site-specific agricultural weather forecast- data bases needed by the agricultural sector ing. § 5853 TITLE 7—AGRICULTURE Page 1620

(c) Competitive grants program § 5854. State agricultural weather information (1) Grants authorized systems With funds allocated to carry out this sub- (a) Advisory program grants section, the Secretary of Agriculture may (1) Grants required make grants to State agricultural experiment With funds allocated to carry out this sec- stations, all colleges and universities, other tion, the Secretary of Agriculture shall make research institutions and organizations, Fed- grants to not fewer than 10 eligible States to eral agencies, private organizations and cor- plan and administer, in cooperation with per- porations, and individuals to carry out re- sons described in paragraph (2), advisory pro- search in all aspects of atmospheric sciences grams for State agricultural weather informa- and climatology that can be shown to be im- tion systems. portant in both a basic and developmental way to understanding, forecasting, and delivering (2) Persons described agricultural weather information. The persons referred to in paragraph (1) are (2) Competitive basis the Director of the Agricultural Weather Of- fice, the Director of the National Institute of Grants made under this subsection shall be Food and Agriculture, and other persons as ap- made on a competitive basis. propriate (such as the directors of the appro- (d) Priority priate State agricultural experiment stations In selecting among applications for grants and State extension programs). under subsection (c) of this section, the Sec- (b) Consultation retary shall give priority to proposals which em- phasize— For purposes of selecting among applications (1) techniques and processes that relate to submitted by States for grants under this sec- weather-induced agricultural losses, and to tion, the Secretary shall consult with the Direc- improving the advisory information on weath- tor. er extremes such as drought, floods, freezes, (c) Eligibility requirements and storms well in advance of their actual oc- To be eligible to receive a grant under this currence; section, the chief executive officer of a State (2) the improvement of site-specific weather shall submit to the Secretary an application data collection and forecasting; or that contains— (3) the impact of weather on economic and (1) assurances that the State will expend environmental costs in agricultural produc- such grant to plan and administer a State ag- tion. ricultural weather system that will— (Pub. L. 101–624, title XVI, § 1638, Nov. 28, 1990, (A) collect observational weather data 104 Stat. 3748; Pub. L. 102–237, title IV, § 407(6), throughout the State and provide such data Dec. 13, 1991, 105 Stat. 1865; Pub. L. 110–234, title to the National Weather Service and the Ag- VII, § 7511(c)(18), May 22, 2008, 122 Stat. 1269; Pub. ricultural Weather Office; L. 110–246, § 4(a), title VII, § 7511(c)(18), June 18, (B) develop methods for packaging infor- 2008, 122 Stat. 1664, 2030.) mation received from the national system for use by agricultural producers (with State CODIFICATION Cooperative Extension Services and the pri- Pub. L. 110–234 and Pub. L. 110–246 made identical vate sector to serve as the primary conduit amendments to this section. The amendments by Pub. of agricultural weather forecasts and cli- L. 110–234 were repealed by section 4(a) of Pub. L. matic information to producers); and 110–246. (C) develop programs to educate agricul- AMENDMENTS tural producers on how to best use weather and climate information to improve manage- 2008—Subsec. (b)(3), (5). Pub. L. 110–246, § 7511(c)(18), substituted ‘‘National Institute of Food and Agri- ment decisions; and culture’’ for ‘‘Cooperative State Research Service’’. (2) such other assurances and information as 1991—Subsec. (b)(5). Pub. L. 102–237 substituted ‘‘Na- the Secretary may require by rule. tional Science Foundation’’ for ‘‘National Sciences Foundation’’. (Pub. L. 101–624, title XVI, § 1640, Nov. 28, 1990, 104 Stat. 3749; Pub. L. 107–171, title VII, § 7304(b), EFFECTIVE DATE OF 2008 AMENDMENT May 13, 2002, 116 Stat. 455; Pub. L. 110–234, title Amendment of this section and repeal of Pub. L. VII, § 7511(c)(19), May 22, 2008, 122 Stat. 1269; Pub. 110–234 by Pub. L. 110–246 effective May 22, 2008, the L. 110–246, § 4(a), title VII, § 7511(c)(19), June 18, date of enactment of Pub. L. 110–234, except as other- 2008, 122 Stat. 1664, 2030.) wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this CODIFICATION title. Amendment by section 7511(c)(18) of Pub. L. 110–246 Pub. L. 110–234 and Pub. L. 110–246 made identical effective Oct. 1, 2009, see section 7511(c) of Pub. L. amendments to this section. The amendments by Pub. 110–246, set out as a note under section 1522 of this title. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

§ 5853. Repealed. Pub. L. 107–171, title VII, AMENDMENTS § 7304(a), May 13, 2002, 116 Stat. 455 2008—Subsec. (a)(2). Pub. L. 110–246, § 7511(c)(19), sub- Section, Pub. L. 101–624, title XVI, § 1639, Nov. 28, 1990, stituted ‘‘the Director of the National Institute of Food 104 Stat. 3749; Pub. L. 102–237, title IV, § 407(7), Dec. 13, and Agriculture’’ for ‘‘the Administrator of the Exten- 1991, 105 Stat. 1865, related to establishment of National sion Service, the Administrator of the Cooperative Advisory Board on Agricultural Weather. State Research Service’’. Page 1621 TITLE 7—AGRICULTURE §§ 5901 to 5909

2002—Subsec. (b). Pub. L. 107–171 struck out ‘‘take L. 110–234 were repealed by section 4(a) of Pub. L. into consideration the recommendation of the Advisory 110–246. Board on Agricultural Weather and’’ before ‘‘consult with the Director’’. AMENDMENTS 2008—Subsec. (a)(2). Pub. L. 110–246, § 7511(c)(20)(A), EFFECTIVE DATE OF 2008 AMENDMENT substituted ‘‘National Institute of Food and Agri- Amendment of this section and repeal of Pub. L. culture’’ for ‘‘Cooperative State Research Service’’. 110–234 by Pub. L. 110–246 effective May 22, 2008, the Subsec. (a)(4). Pub. L. 110–246, § 7511(c)(20)(B), sub- date of enactment of Pub. L. 110–234, except as other- stituted ‘‘National Institute of Food and Agriculture’’ wise provided, see section 4 of Pub. L. 110–246, set out for ‘‘Extension Service’’. as an Effective Date note under section 8701 of this Subsec. (c). Pub. L. 110–246, § 7202, substituted ‘‘2008 title. through 2012’’ for ‘‘1991 through 1997’’. Amendment by section 7511(c)(19) of Pub. L. 110–246 1996—Subsec. (c). Pub. L. 104–127 substituted ‘‘1997’’ effective Oct. 1, 2009, see section 7511(c) of Pub. L. for ‘‘1995’’. 110–246, set out as a note under section 1522 of this title. EFFECTIVE DATE OF 2008 AMENDMENT § 5855. Funding Amendment of this section and repeal of Pub. L. (a) Allocation of funds 110–234 by Pub. L. 110–246 effective May 22, 2008, the (1) Cooperative work date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out Not less than 15 percent and not more than as an Effective Date note under section 8701 of this 25 percent of the funds appropriated for a fis- title. cal year to carry out this subchapter shall be Amendment by section 7511(c)(20) of Pub. L. 110–246 used for cooperative work with the National effective Oct. 1, 2009, see section 7511(c) of Pub. L. Weather Service entered into under section 110–246, set out as a note under section 1522 of this title. 5852(b)(1) of this title. SUBCHAPTER IV—RESEARCH REGARDING (2) Competitive grants program PRODUCTION, PREPARATION, PROCESS- Not less than 15 percent and not more than ING, HANDLING, AND STORAGE OF AGRI- 25 percent of such funds shall be used by the CULTURAL PRODUCTS National Institute of Food and Agriculture for a competitive grants program under section §§ 5871 to 5874. Repealed. Pub. L. 104–127, title 5852(c) of this title. VIII, § 861, Apr. 4, 1996, 110 Stat. 1174 (3) Weather information systems Section 5871, Pub. L. 101–624, title XVI, § 1644, Nov. 28, 1990, 104 Stat. 3751, provided for establishment of re- Not less than 25 percent and not more than search and grant program. 35 percent of such funds shall be divided equal- Section 5872, Pub. L. 101–624, title XVI, § 1645, Nov. 28, ly between the participating States selected 1990, 104 Stat. 3752, related to advisory committee and for that fiscal year under section 5854 of this grant process. title. Section 5873, Pub. L. 101–624, title XVI, § 1646, Nov. 28, (4) Other purposes 1990, 104 Stat. 3753, provided for reports to Congress. Section 5874, Pub. L. 101–624, title XVI, § 1647, Nov. 28, The remaining funds shall be allocated for 1990, 104 Stat. 3754, provided for appropriations for re- use by the Agricultural Weather Office and the search and grant program. National Institute of Food and Agriculture in carrying out generally the provisions of this SUBCHAPTER V—PLANT AND ANIMAL subchapter. PEST AND DISEASE CONTROL PROGRAM (b) Limitations on use of funds §§ 5881 to 5885. Repealed. Pub. L. 104–127, title Funds provided under the authority of this VIII, § 862(a), Apr. 4, 1996, 110 Stat. 1174 subchapter shall not be used for the construc- Section 5881, Pub. L. 101–624, title XVI, § 1650, Nov. 28, tion of facilities. Each State or agency receiving 1990, 104 Stat. 3754, related to plant and animal pest and funds shall not use more than 30 percent of such disease control program. funds for equipment purchases. Any use of the Section 5882, Pub. L. 101–624, title XVI, § 1651, Nov. 28, funds in facilitating the distribution of agricul- 1990, 104 Stat. 3754, related to pest and disease control tural and climate information to producers shall data base and pesticide resistance monitoring. be done with consideration for the role that the Section 5883, Pub. L. 101–624, title XVI, § 1652, Nov. 28, private meteorological sector can play in such 1990, 104 Stat. 3755; Pub. L. 102–237, title IV, § 407(8), Dec. information delivery. 13, 1991, 105 Stat. 1865, related to research on control and eradication of exotic pests. (c) Authorization of appropriations Section 5884, Pub. L. 101–624, title XVI, § 1653, Nov. 28, There are authorized to be appropriated 1990, 104 Stat. 3755, provided for study of biology and be- $5,000,000 to carry out this subchapter for each of havior of chinch bugs. Section 5885, Pub. L. 101–624, title XVI, § 1654, Nov. 28, the fiscal years 2008 through 2012. 1990, 104 Stat. 3756, authorized appropriations for plant, (Pub. L. 101–624, title XVI, § 1641, Nov. 28, 1990, pest, and disease control program. 104 Stat. 3750; Pub. L. 104–127, title VIII, § 833, Apr. 4, 1996, 110 Stat. 1168; Pub. L. 110–234, title SUBCHAPTER VI—ALTERNATIVE AGRICUL- VII, §§ 7202, 7511(c)(20), May 22, 2008, 122 Stat. TURAL RESEARCH AND COMMERCIALIZA- 1233, 1269; Pub. L. 110–246, § 4(a), title VII, §§ 7202, TION 7511(c)(20), June 18, 2008, 122 Stat. 1664, 1994, §§ 5901 to 5909. Repealed. Pub. L. 107–171, title 2030.) VI, § 6201(a), May 13, 2002, 116 Stat. 418 CODIFICATION Section 5901, Pub. L. 101–624, title XVI, § 1657, Nov. 28, Pub. L. 110–234 and Pub. L. 110–246 made identical 1990, 104 Stat. 3756; Pub. L. 104–127, title VII, § 721, Apr. amendments to this section. The amendments by Pub. 4, 1996, 110 Stat. 1112, provided that this subchapter § 5921 TITLE 7—AGRICULTURE Page 1622 may be cited as the ‘‘Alternative Agricultural Research BUSINESS PLAN AND FEASIBILITY STUDY AND REPORT and Commercialization Act of 1990’’ and specified pur- Pub. L. 104–127, title VII, § 730, Apr. 4, 1996, 110 Stat. pose of and definitions relating to this subchapter. 1122, provided for a business plan for, and a feasibility Section 5902, Pub. L. 101–624, title XVI, § 1658, Nov. 28, study and report on, the Alternative Agricultural Re- 1990, 104 Stat. 3757; Pub. L. 102–237, title IV, § 405(a), Dec. search and Commercialization Corporation, prior to re- 13, 1991, 105 Stat. 1864; Pub. L. 104–127, title VII, § 722(a), peal by Pub. L. 107–171, title VI, § 6201(d)(2), May 13, Apr. 4, 1996, 110 Stat. 1113, created the Alternative Agri- 2002, 116 Stat. 419. cultural Research and Commercialization Corporation. Section 5903, Pub. L. 101–624, title XVI, § 1659, Nov. 28, SUBCHAPTER VII—MISCELLANEOUS 1990, 104 Stat. 3759; Pub. L. 104–127, title VII, § 723(a), RESEARCH PROVISIONS Apr. 4, 1996, 110 Stat. 1115, related to board of directors, employees, and facilities. § 5921. Biotechnology risk assessment research Section 5904, Pub. L. 101–624, title XVI, § 1660, Nov. 28, 1990, 104 Stat. 3761; Pub. L. 104–127, title VII, § 724, Apr. (a) Purpose 4, 1996, 110 Stat. 1119, related to research and develop- It is the purpose of this section— ment grants, contracts, and agreements. (1) to authorize and support environmental Section 5905, Pub. L. 101–624, title XVI, § 1661, Nov. 28, assessment research to help identify and ana- 1990, 104 Stat. 3762; Pub. L. 104–127, title VII, § 725, Apr. 4, 1996, 110 Stat. 1119, related to commercialization as- lyze environmental effects of biotechnology; sistance. and Section 5906, Pub. L. 101–624, title XVI, § 1662, Nov. 28, (2) to authorize research to help regulators 1990, 104 Stat. 3764; Pub. L. 104–127, title VII, § 726, Apr. develop long-term policies concerning the in- 4, 1996, 110 Stat. 1119, related to general rules regarding troduction of such technology. provision of assistance. (b) Grant program Section 5907, Pub. L. 101–624, title XVI, § 1663, Nov. 28, 1990, 104 Stat. 3765; Pub. L. 102–237, title IV, § 405(b), Dec. The Secretary of Agriculture shall establish a 13, 1991, 105 Stat. 1864; Pub. L. 104–127, title VII, § 727, grant program within the National Institute of Apr. 4, 1996, 110 Stat. 1119, related to Regional Centers. Food and Agriculture and the Agricultural Re- Section 5908, Pub. L. 101–624, title XVI, § 1664, Nov. 28, search Service to provide the necessary funding 1990, 104 Stat. 3766; Pub. L. 104–127, title VII, § 728, Apr. for environmental assessment research concern- 4, 1996, 110 Stat. 1120, related to the Alternative Agri- cultural Research and Commercialization Revolving ing the introduction of genetically engineered Fund. animals, plants, and microorganisms into the Section 5909, Pub. L. 101–624, title XVI, § 1665, as added environment. Pub. L. 104–127, title VII, § 729, Apr. 4, 1996, 110 Stat. (c) Research priorities 1121, related to procurement of alternative agricultural research and commercialization products. The following types of research shall be given priority for funding: DISPOSITION AND USE OF ASSETS (1) Research designed to identify and develop Pub. L. 107–171, title VI, § 6201(b), (c), May 13, 2002, 116 appropriate management practices to mini- Stat. 418, 419, provided that: mize physical and biological risks associated ‘‘(b) DISPOSITION OF ASSETS.—On the date of enact- with genetically engineered animals, plants, ment of this Act [May 13, 2002]— and microorganisms. ‘‘(1) the assets, both tangible and intangible, of the (2) Research designed to develop methods to Alternative Agricultural Research and Commer- monitor the dispersal of genetically engi- cialization Corporation (referred to in this section as neered animals, plants, and microorganisms. the ‘Corporation’), including the funds in the Alter- (3) Research designed to further existing native Agricultural Research and Commercialization Revolving Fund as of the date of enactment of this knowledge with respect to the characteristics, Act, are transferred to the Secretary of Agriculture; rates, and methods of gene transfer that may and occur between genetically engineered animals, ‘‘(2) notwithstanding the Federal Property and Ad- plants, and microorganisms and related wild ministrative Services Act of 1949 (40 U.S.C. 471 et and agricultural organisms. seq.) [see chapters 1 to 11 of Title 40, Public Build- (4) Environmental assessment research de- ings, Property, and Works, and division C (except sec- signed to provide analysis which compares the tions 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of relative impacts of animals, plants, and micro- subtitle I of Title 41, Public Contracts] and any other law that prescribes procedures for procurement, use, organisms modified through genetic engineer- and disposal of property by a Federal agency, the ing to other types of production systems. Secretary shall have authority to manage and dispose (5) Other areas of research designed to fur- of the assets transferred under paragraph (1) in a ther the purposes of this section. manner that, to the maximum extent practicable, (d) Eligibility requirements provides the best value to the Federal Government. ‘‘(c) USE OF ASSETS.— Grants under this section shall be— ‘‘(1) IN GENERAL.—Funds transferred under sub- (1) made on the basis of the quality of the section (b), and any income from assets or proceeds proposed research project; and from the sale of assets transferred under subsection (2) available to any public or private re- (b), shall be deposited in an account in the Treasury, search or educational institution or organiza- and shall remain available to the Secretary until ex- tion. pended, without further appropriation, to pay— ‘‘(A) any claims against, or obligations of, the (e) Consultation Corporation; and In considering specific areas of research for ‘‘(B) the costs incurred by the Secretary in carry- funding under this section, the Secretary of Ag- ing out this section. riculture shall consult with the Administrator ‘‘(2) FINAL DISPOSITION.—On final disposition of all assets transferred under subsection (b), any funds re- of the Animal and Plant Health Inspection Serv- maining in the account described in paragraph (1) ice and the National Agricultural Research, Ex- shall be transferred into miscellaneous receipts in tension, Education, and Economics Advisory the Treasury.’’ Board. Page 1623 TITLE 7—AGRICULTURE § 5923

(f) Program coordination CODIFICATION The Secretary of Agriculture shall coordinate Pub. L. 110–234 and Pub. L. 110–246 repealed this sec- research funded under this section with the Of- tion. Pub. L. 110–234 was repealed by section 4(a) of Pub. fice of Research and Development of the Envi- L. 110–246. ronmental Protection Agency in order to avoid EFFECTIVE DATE OF REPEAL duplication of research activities. Repeal of this section and repeal of Pub. L. 110–234 by (g) Authorization of appropriations Pub. L. 110–246 effective May 22, 2008, the date of enact- (1) In general ment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of There are authorized to be appropriated such this title. sums as necessary to carry out this section. (2) Withholdings from biotechnology outlays § 5922. Repealed. Pub. L. 107–171, title X, § 10705(b), May 13, 2002, 116 Stat. 519 The Secretary of Agriculture shall withhold from outlays of the Department of Agriculture Section, Pub. L. 101–624, title XVI, § 1669, Nov. 28, 1990, for research on biotechnology, as defined and 104 Stat. 3768, related to Graduate School of Depart- determined by the Secretary, at least 2 per- ment of Agriculture. cent of such amount for the purpose of making EFFECTIVE DATE OF REPEAL grants under this section for research on bio- Repeal of section effective Oct. 1, 2002, see section technology risk assessment. 10705(c) of Pub. L. 107–171, set out as an Effective Date (3) Application of funds of 2002 Amendment note under section 2279b of this Funds made available under this subsection title. shall be applied, to the maximum extent prac- § 5923. Rural electronic commerce extension pro- ticable, to risk assessment research on all cat- gram egories identified in subsection (c) of this sec- tion. (a) Definitions (Pub. L. 101–624, title XVI, § 1668, Nov. 28, 1990, In this section: 104 Stat. 3767; Pub. L. 102–237, title IV, § 407(9), (1) Development center Dec. 13, 1991, 105 Stat. 1865; Pub. L. 107–171, title The term ‘‘development center’’ means— VII, § 7210, May 13, 2002, 116 Stat. 446; Pub. L. (A) the North Central Regional Center for 110–234, title VII, § 7511(c)(21), May 22, 2008, 122 Rural Development; Stat. 1269; Pub. L. 110–246, § 4(a), title VII, (B) the Northeast Regional Center for § 7511(c)(21), June 18, 2008, 122 Stat. 1664, 2031.) Rural Development or its designee; CODIFICATION (C) the Southern Rural Development Cen- ter; and Pub. L. 110–234 and Pub. L. 110–246 made identical (D) the Western Rural Development Center amendments to this section. The amendments by Pub. or its designee. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. (2) Extension program

AMENDMENTS The term ‘‘extension program’’ means the rural electronic commerce extension program 2008—Subsec. (b). Pub. L. 110–246, § 7511(c)(21), sub- established under subsection (b) of this sec- stituted ‘‘National Institute of Food and Agriculture’’ for ‘‘Cooperative State Research, Education, and Ex- tion. tension Service’’. (3) Microenterprise 2002—Pub. L. 107–171 reenacted section catchline and amended text generally, substituting substantially The term ‘‘microenterprise’’ means a com- similar provisions in subsecs. (a), (b), and (d) to (g), and mercial enterprise that has 5 or fewer employ- substituting in subsec. (c), provisions relating to re- ees, 1 or more of whom own the enterprise. search priorities for provisions relating to types of re- (4) Secretary search. 1991—Subsec. (g)(2). Pub. L. 102–237 substituted The term ‘‘Secretary’’ means the Secretary ‘‘Withholdings’’ for ‘‘Witholdings’’ in heading. of Agriculture, acting through the Director of the National Institute of Food and Agri- EFFECTIVE DATE OF 2008 AMENDMENT culture. Amendment of this section and repeal of Pub. L. (5) Small business 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- The term ‘‘small business’’ has the meaning wise provided, see section 4 of Pub. L. 110–246, set out given the term ‘‘small-business concern’’ by as an Effective Date note under section 8701 of this section 632(a) of title 15. title. (b) Establishment Amendment by section 7511(c)(21) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. The Secretary shall establish a rural elec- 110–246, set out as a note under section 1522 of this title. tronic commerce extension program to expand and enhance electronic commerce practices and § 5921a. Repealed. Pub. L. 110–234, title VII, technology to be used by small businesses and § 7411, May 22, 2008, 122 Stat. 1255, and Pub. microenterprises in rural areas. L. 110–246, § 4(a), title VII, § 7411, June 18, 2008, 122 Stat. 1664, 2017 (c) Grants (1) In general Section, Pub. L. 107–171, title X, § 10802, May 13, 2002, 116 Stat. 525, related to public information campaign The Secretary shall carry out the program regarding use of biotechnology in producing food for established under subsection (b) of this section human consumption. by making— § 5924 TITLE 7—AGRICULTURE Page 1624

(A) grants to each of the development cen- adopt and use electronic commerce tech- ters; and niques; and (B) competitive grants to land-grant col- (e) Authorization of appropriations leges and universities (or consortia of land- grant colleges and universities) and to col- There is authorized to be appropriated to leges and universities (including community carry out this section $60,000,000 for each of fis- colleges) with agricultural or rural develop- cal years 2002 through 2007, of which not less ment programs— than 1⁄3 of the amount made available for each (i) to develop and facilitate innovative fiscal year shall be used to carry out activities rural electronic commerce business strate- under subsection (c)(1)(A) of this section. gies; and (Pub. L. 101–624, title XVI, § 1670, as added Pub. (ii) to assist small businesses and micro- L. 107–171, title VI, § 6202, May 13, 2002, 116 Stat. enterprises in identifying, adapting, imple- 419; amended Pub. L. 110–234, title VII, menting, and using electronic commerce § 7511(c)(22), May 22, 2008, 122 Stat. 1269; Pub. L. business practices and technologies. 110–246, § 4(a), title VII, § 7511(c)(22), June 18, 2008, (2) Eligibility 122 Stat. 1664, 2031.) The selection criteria established for grants awarded under paragraph (1)(B) shall include— CODIFICATION (A) the ability of an applicant to provide Pub. L. 110–234 and Pub. L. 110–246 made identical training and education on best practices, amendments to this section. The amendments by Pub. technology transfer, adoption, and use of L. 110–234 were repealed by section 4(a) of Pub. L. electronic commerce in rural communities 110–246. by small businesses and microenterprises; PRIOR PROVISIONS (B) the extent and geographic diversity of the area served by the proposed project or A prior section 5923, Pub. L. 101–624, title XVI, § 1670, activity under the extension program; Nov. 28, 1990, 104 Stat. 3769; Pub. L. 102–237, title IV, (C) in the case of a land-grant college or § 407(10), Dec. 13, 1991, 105 Stat. 1865; Pub. L. 104–127, university, the extent of participation of the title VIII, § 834, Apr. 4, 1996, 110 Stat. 1169, authorized establishment of livestock product safety and inspec- land-grant college or university in the ex- tion program, prior to repeal by Pub. L. 105–185, title tension program (including any economic III, § 302(c), June 23, 1998, 112 Stat. 563. benefits that would result from that partici- pation); AMENDMENTS (D) the percentage of funding and in-kind 2008—Subsec. (a)(4). Pub. L. 110–246, § 7511(c)(22), sub- commitments from non-Federal sources that stituted ‘‘Director of the National Institute of Food would be needed by and available for a pro- and Agriculture’’ for ‘‘Administrator of the Coopera- posed project or activity under the extension tive State Research, Education, and Extension Serv- program; and ice’’. (E) the extent of participation of low-in- EFFECTIVE DATE OF 2008 AMENDMENT come and minority businesses or micro- enterprises in a proposed project or activity Amendment of this section and repeal of Pub. L. under the extension program. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- (3) Non-Federal share wise provided, see section 4 of Pub. L. 110–246, set out (A) In general as an Effective Date note under section 8701 of this As a condition of the receipt of funds title. under this section, a development center or Amendment by section 7511(c)(22) of Pub. L. 110–246 grant applicant shall agree to obtain from effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. non-Federal sources (including State, local, nonprofit, or private sector sources) con- § 5924. Agricultural Genome Initiative tributions of an amount equal to 50 percent of the grant amount. (a) Goals (B) Form The goals of this section are— The non-Federal share required under sub- (1) to expand the knowledge of public and paragraph (A) may be provided in the form private sector entities and persons concerning of in-kind contributions. genomes for species of importance to the food (C) Exception and agriculture sectors in order to maximize the return on the investment in genomics of The non-Federal share required under sub- agriculturally important species; paragraph (A) may be reduced to 25 percent (2) to focus on the species that will yield sci- if the grant recipient serves low-income or entifically important results that will enhance minority-owned businesses or microenter- the usefulness of many agriculturally impor- prises, as determined by the Secretary. tant species; (d) Report (3) to build on genomic research, such as the Not later than 2 years after May 13, 2002, the Human Genome Initiative and the Arabidopsis Secretary shall submit to the Committee on Ag- Genome Project, to understand gene structure riculture of the House of Representatives and and function that is expected to have consider- the Committee on Agriculture, Nutrition, and able payoffs in agriculturally important spe- Forestry of the Senate a report that describes— cies; (1) 1 the policies, practices, and procedures (4) to develop improved bioinformatics to en- used to assist rural communities in efforts to hance both sequence or structure determina- tion and analysis of the biological function of 1 So in original. No par. (2) has been enacted. genes and gene products; Page 1625 TITLE 7—AGRICULTURE § 5924

(5) to encourage Federal Government par- spect to a research project if the Secretary de- ticipants to maximize the utility of public and termines that— private partnerships for agricultural genome (A) the results of the project, while of par- research; ticular benefit to a specific agricultural (6) to allow resources developed under this commodity, are likely to be applicable to ag- section, including data, software, germplasm, ricultural commodities generally; or and other biological materials, to be openly (B) the project involves a minor commod- accessible to all persons, subject to any con- ity, the project deals with scientifically im- fidentiality requirements imposed by law; and portant research, and the recipient is unable (7) to encourage international partnerships to satisfy the matching funds requirement. with each partner country responsible for fi- (f) Consultation with National Academy of Sci- nancing its own strategy for agricultural ge- ences nome research. The Secretary may use funds made available (b) Duties of Secretary under this section to consult with the National The Secretary of Agriculture (referred to in Academy of Sciences regarding the administra- this section as the ‘‘Secretary’’) shall conduct a tion of the Agricultural Genome Initiative. research initiative (to be known as the ‘‘Agri- (Pub. L. 101–624, title XVI, § 1671, Nov. 28, 1990, cultural Genome Initiative’’) for the purpose 104 Stat. 3769; Pub. L. 104–66, title I, § 1011(s), of— (1) studying and mapping agriculturally sig- Dec. 21, 1995, 109 Stat. 710; Pub. L. 104–127, title nificant genes to achieve sustainable and se- VIII, § 835, Apr. 4, 1996, 110 Stat. 1169; Pub. L. cure agricultural production; 105–185, title II, § 241, June 23, 1998, 112 Stat. 547; (2) ensuring that current gaps in existing ag- Pub. L. 107–171, title VII, § 7208(a), May 13, 2002, ricultural genetics knowledge are filled; 116 Stat. 442; Pub. L. 110–234, title VII, (3) identifying and developing a functional § 7406(d)(2), May 22, 2008, 122 Stat. 1252; Pub. L. understanding of genes responsible for eco- 110–246, § 4(a), title VII, § 7406(d)(2), June 18, 2008, nomically important traits in agriculturally 122 Stat. 1664, 2013.) important species, including emerging plant CODIFICATION and animal pathogens and diseases causing Pub. L. 110–234 and Pub. L. 110–246 made identical economic hardship; amendments to this section. The amendments by Pub. (4) ensuring future genetic improvement of L. 110–234 were repealed by section 4(a) of Pub. L. agriculturally important species; 110–246. (5) supporting preservation of diverse germ- AMENDMENTS plasm; (6) ensuring preservation of biodiversity to 2008—Subsec. (d). Pub. L. 110–246, § 7406(d)(2), sub- maintain access to genes that may be of im- stituted ‘‘Paragraphs (4), (7), (8), and (11)(B)’’ for ‘‘Para- portance in the future; graphs (1), (6), (7), and (11)’’. (7) reducing the economic impact of plant 2002—Subsec. (b)(3). Pub. L. 107–171, § 7208(a)(1), in- serted ‘‘pathogens and’’ before ‘‘diseases causing eco- pathogens on commercially important crop nomic hardship’’. plants; and Subsec. (b)(7), (8). Pub. L. 107–171, § 7208(a)(2)–(4), (8) otherwise carrying out this section. added par. (7) and redesignated former par. (7) as (8). (c) Grants and cooperative agreements 1998—Pub. L. 105–185 amended section catchline and (1) Authority text generally, substituting present provisions for pro- visions which in subsec. (a) required plant genome map- The Secretary may make grants or enter ping program, in subsec. (b) authorized competitive into cooperative agreements with individuals grants for research projects, in subsec. (c) described re- and organizations in accordance with section search areas for projects, in subsec. (d) set forth dead- 3318 of this title. line for submission of plan for awarding grants, in sub- sec. (e) directed coordination of section activities with (2) Competitive basis certain related activities, in subsec. (f) required protec- A grant or cooperative agreement under this tion of proprietary interests when considered to be ap- subsection shall be made or entered into on a propriate, and in subsec. (g) authorized appropriations competitive basis. for fiscal years 1996 and 1997 to carry out this section. 1996—Subsec. (g). Pub. L. 104–127 inserted ‘‘for fiscal (d) Administration years 1996 and 1997’’ after ‘‘appropriated’’. Paragraphs (4), (7), (8), and (11)(B) of sub- 1995—Subsecs. (g), (h). Pub. L. 104–66 redesignated section (b) of section 450i of this title shall apply subsec. (h) as (g) and struck out former subsec. (g) with respect to the making of a grant or cooper- which required Secretary to submit annual reports to ative agreement under this section. Congress describing operations of grant program for plant genome mapping. (e) Matching of funds (1) General requirement EFFECTIVE DATE OF 2008 AMENDMENT If a grant or cooperative agreement under Amendment of this section and repeal of Pub. L. this section provides a particular benefit to a 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- specific agricultural commodity, the Sec- wise provided, see section 4 of Pub. L. 110–246, set out retary shall require the recipient to provide as an Effective Date note under section 8701 of this funds or in-kind support to match the amount title. of funds provided by the Secretary under the Amendment by section 7406(d)(2) of Pub. L. 110–246 in- grant or cooperative agreement. applicable to any solicitation for grant applications is- (2) Waiver sued by the Cooperative State Research, Education, and Extension Service before June 18, 2008, see section The Secretary may waive the matching 7406(c) of Pub. L. 110–246, set out as a note under section funds requirement of paragraph (1) with re- 450i of this title. § 5925 TITLE 7—AGRICULTURE Page 1626

§ 5925. High-priority research and extension ini- (2) Aflatoxin research and extension tiatives Research and extension grants may be made (a) Competitive specialized research and exten- under this section for the purpose of identify- sion grants authorized ing, improving, and eventually commercializ- ing, alfatoxin controls in corn and other af- The Secretary of Agriculture (referred to in fected agricultural products and crops. this section as the ‘‘Secretary’’) may make com- (3) Prickly pear research and extension petitive grants to support research and exten- sion activities specified in subsections (e) Research and extension grants may be made through (i) of this section. The Secretary shall under this section for the purpose of inves- make the grants in consultation with the Na- tigating enhanced genetic selection and proc- tional Agricultural Research, Extension, Edu- essing techniques of prickly pears. cation, and Economics Advisory Board. (4) Deer tick ecology research and extension (b) Administration Research and extension grants may be made under this section for the purpose of studying (1) In general the population ecology of deer ticks and other Except as otherwise provided in this section, insects and pests that transmit Lyme disease. paragraphs (4), (7), (8), and (11)(B) of sub- (5) Peanut market enhancement research and section (b) of section 450i of this title shall extension apply with respect to the making of grants Research and extension grants may be made under this section. under this section for the purpose of evaluat- (2) Use of task forces ing the economics of applying innovative tech- To facilitate the making of research and ex- nologies for peanut processing in a commer- tension grants under this section in the re- cial environment. search and extension areas specified in sub- (6) Dairy financial risk management research sections (e) through (i) of this section, the and extension Secretary may appoint a task force for each Research and extension grants may be made such area to make recommendations to the under this section for the purpose of providing Secretary. The Secretary may not incur costs research, development, or education mate- in excess of $1,000 for any fiscal year in con- rials, information, and outreach programs re- nection with each task force established under garding risk management strategies for dairy this paragraph. producers and for dairy cooperatives and other (c) Matching funds required processors and marketers of milk. (1) In general (7) Cotton research and extension The Secretary shall require the recipient of Research and extension grants may be made a grant under this section to provide funds or under this section for the purpose of improv- in-kind support from non-Federal sources in ing pest management, fiber quality enhance- an amount at least equal to the amount pro- ment, economic assessment, textile produc- vided by the Federal Government. tion, and optimized production systems for short staple cotton. (2) Waiver authority (8) Methyl bromide research and extension The Secretary may waive the matching Research and extension grants may be made funds requirement specified in paragraph (1) under this section for the purpose of— with respect to a research project if the Sec- (A) developing and evaluating chemical retary determines that— and nonchemical alternatives, and use and (A) the results of the project, while of par- emission reduction strategies, for pre-plant- ticular benefit to a specific agricultural ing and post-harvest uses of methyl bromide; commodity, are likely to be applicable to ag- and ricultural commodities generally; or (B) transferring the results of the research (B) the project involves a minor commod- for use by agricultural producers. ity, the project deals with scientifically im- portant research, and the grant recipient is (9) Potato research and extension unable to satisfy the matching funds re- Research and extension grants may be made quirement. under this section for the purpose of develop- ing and evaluating new strains of potatoes (d) Partnerships encouraged that are resistant to blight and other diseases, Following the completion of a peer review as well as insects. Emphasis may be placed on process for grant proposals received under this developing potato varieties that lend them- section, the Secretary shall provide a priority to selves to innovative marketing approaches. those grant proposals, found in the peer review (10) Wood use research and extension process to be scientifically meritorious, that in- Research and extension grants may be made volve the cooperation of multiple entities. under this section for the purpose of develop- (e) High-priority research and extension areas ing new uses for wood from underused tree spe- (1) Ethanol research and extension cies as well as investigating methods of modi- Research and extension grants may be made fying wood and wood fibers to produce better under this section for the purpose of carrying building materials. out or enhancing research on ethanol derived (11) Wetlands use research and extension from agricultural crops as an alternative fuel Research and extension grants may be made source. under this section for the purpose of better use Page 1627 TITLE 7—AGRICULTURE § 5925

of wetlands in diverse ways to provide various riculture products through extension and edu- economic, agricultural, and environmental cation programs, and to engage the public and benefits. industry in relevant issues. (12) Food safety, including pathogen detection (18) Land use management research and exten- and limitation, research and extension sion Research and extension grants may be made Research and extension grants may be made under this section for the purpose of increas- under this section for the purposes of evaluat- ing food safety, including the identification of ing the environmental benefits of land use advanced detection and processing methods to management tools such as those provided in limit the presence of pathogens (including the Farmland Protection Program. hepatitis A and E. coli 0157:H7) in domestic (19) Water and air quality research and exten- and imported foods. sion (13) Financial risk management research and Research and extension grants may be made extension under this section for the purpose of better un- Research and extension grants may be made derstanding agricultural impacts to air and under this section for the purpose of providing water quality and means to address them. research, development, or education mate- (20) Revenue and insurance tools research and rials, information, and outreach programs re- extension garding financial risk management strategies Research and extension grants may be made for agricultural producers and for cooperatives under this section for the purposes of better and other processors and marketers of any ag- understanding the impact of revenue and in- ricultural commodity. surance tools on farm income. (14) Ornamental tropical fish research and ex- (21) Agrotourism research and extension tension Research and extension grants may be made Research and extension grants may be made under this section for the purpose of better un- under this section for the purpose of meeting derstanding the economic, environmental, and the needs of commercial producers of orna- food systems impacts of agrotourism. mental tropical fish and aquatic plants for im- provements in the areas of fish reproduction, (22) Nitrogen-fixation by plants health, nutrition, predator control, water use, Research and extension grants may be made water quality control, and farming tech- under this section for the purpose of enhanc- nology. ing the nitrogen-fixing ability and efficiency (15) Gypsy moth research and extension of legumes, developing new varieties of leg- umes that fix nitrogen more efficiently, and Research and extension grants may be made developing new varieties of other commer- under this section for the purpose of develop- cially important crops that potentially are ing biological control, management, and eradi- able to fix nitrogen. cation methods against nonnative insects, in- cluding Lymantria dispar (commonly known (23) Environment and private lands research as the ‘‘gypsy moth’’), that contribute to sig- and extension nificant agricultural, economic, or environ- Research and extension grants may be made mental harm. under this section for the purpose of research- (16) Tomato spotted wilt virus research and ex- ing the use of computer models to aid in as- tension sessment of best management practices on a watershed basis, working with government, in- Research and extension grants may be made dustry, and private landowners to help craft under this section for the purpose of control, industry-led solutions to identified environ- management, and eradication of tomato spot- mental issues, researching and monitoring ted wilt virus. water, air, or soil environmental quality to (17) Genetically modified agriculture products aid in the development of new approaches to (GMAP) research local environmental concerns, and working Research grants may be made under this sec- with local, State, and federal officials to help tion for the purposes of providing unbiased, craft effective environmental solutions that science-based evaluation of the risks and bene- respect private property rights and agricul- fits to the public and the environment of spe- tural production realities. cific genetically modified plant and animal (24) Livestock disease research and extension products. Grants may be used to form inter- Research and extension grants may be made disciplinary teams to review and conduct re- under this section for the purpose of identify- search on scientific, social, economic, and eth- ing possible livestock disease threats, educat- ical issues during the review process, to an- ing the public regarding livestock disease swer questions raised by the release of new ge- threats, training persons to deal with such netically modified agriculture products, to threats, and conducting related research. conduct fundamental studies on the health and environmental safety of genetically modi- (25) Plant gene expression fied agriculture products (including quan- Research grants may be made under this sec- titative risk assessment, the effect of specific tion for the purpose of plant gene expression genetically modified agriculture products on research to accelerate the application of basic human health, and gene flow studies), to com- plant genomic science to the development and municate the risk of genetically modified ag- testing of new varieties of enhanced food § 5925 TITLE 7—AGRICULTURE Page 1628

crops, crops that can be used as renewable en- (33) Synthetic gypsum ergy sources, and other alternative uses of ag- Research and extension grants may be made ricultural crops. under this section to study the uses of syn- (26) Animal infectious diseases research thetic gypsum from electric power plants to Research and extension grants may be made remediate soil and nutrient losses. under this section for the purpose of develop- (34) Cranberry research program ing prevention and control methodologies for Research and extension grants may be made animal infectious diseases (including evalua- under this section to study new technologies tion under field conditions in countries in to assist cranberry growers in complying with which an animal disease occurs) such as lab- Federal and State environmental regulations, oratory tests for quicker detection of infected increase production, develop new growing animals and presence of disease, prevention techniques, establish more efficient growing strategies (including vaccination programs), methodologies, and educate cranberry produc- and rapid diagnostic techniques for animal ers about sustainable growth practices. disease agents considered to be risks for agri- (35) Sorghum research initiative cultural bioterrorism attack. Research and extension grants may be made (27) Program to combat childhood obesity under this section to study the use of sorghum Research and extension grants may be made as a bioenergy feedstock, promote diversifica- under this section to institutions of higher tion in, and the environmental benefits of sor- education with demonstrated capacity in basic ghum production, and promote water con- and clinical obesity research, nutrition re- servation through the use of sorghum. search, and community health education re- (36) Marine shrimp farming program search to develop and evaluate community- Research and extension grants may be made wide strategies that catalyze partnerships be- under this section to establish a research pro- tween families and health care, education, gram to advance and maintain a domestic recreation, mass media, and other community shrimp farming industry in the United States. resources to reduce the incidence of childhood obesity. (37) Turfgrass research initiative (28) Integrated pest management Research and extension grants may be made under this section to study the production of Research and extension grants may be made turfgrass (including the use of water, fer- under this section to coordinate and improve tilizer, pesticides, fossil fuels, and machinery research, education, and outreach on, and im- for turf establishment and maintenance) and plementation on farms of, integrated pest environmental protection and enhancement management. relating to turfgrass production. (29) Sugarcane genetics (38) Agricultural worker safety research initia- Research grants may be made under this sec- tive tion for the purpose of maintaining acceptable Research and extension grants may be made yields under reduced production inputs, imple- under this section— menting marker-assisted breeding strategies (A) to study and demonstrate methods to and other basic plant genomic technologies to minimize exposure of farm and ranch owners screen for improved plant resistance to dis- and operators, pesticide handlers, and agri- eases, weeds, and insects toward minimizing cultural workers to pesticides, including re- pesticide use, enhancing food, fiber and energy search addressing the unique concerns of production, and developing varieties for maxi- farm workers resulting from long-term expo- mum performance under prevailing conditions, sure to pesticides; and including management for improved soil and (B) to develop rapid tests for on-farm use water conservation. to better inform and educate farmers, ranch- (30) Air emissions from livestock operations ers, and farm and ranch workers regarding Research and extension grants may be made safe field re-entry intervals. under this section for the purpose of conduct- (39) High plains aquifer region ing field verification tests and developing Research and extension grants may be made mitigation options for air emissions from ani- under this section to carry out interdiscipli- mal feeding operations. nary research relating to diminishing water (31) Swine genome project levels and increased demand for water in the Research grants may be made under this sec- High Plains aquifer region. tion to conduct swine genome research, in- (40) Deer initiative cluding the mapping of the swine genome. Research and extension grants may be made (32) Cattle fever tick program under this section to support collaborative re- Research and extension grants may be made search focusing on the development of viable under this section to study cattle fever ticks strategies for the prevention, diagnosis, and to facilitate understanding of the role of wild- treatment of infectious, parasitic, and toxic life in the persistence and spread of cattle diseases of farmed deer and the mapping of the fever ticks, to develop advanced methods for deer genome. eradication of cattle fever ticks, and to im- (41) Pasture-based beef systems research ini- prove management of diseases relating to cat- tiative tle fever ticks that are associated with wild- Research and extension grants may be made life, livestock, and human health. under this section to study the development of Page 1629 TITLE 7—AGRICULTURE § 5925

forage sequences and combinations for cow- (C) agricultural safety education and calf, heifer development, stocker, and finish- training. ing systems, to deliver optimal nutritive value (49) Women and minorities in stem fields for efficient production of cattle for pasture Research and extension grants may be made finishing, to optimize forage systems to im- under this section to increase participation by prove marketability of pasture-finished beef, women and underrepresented minorities from and to assess the effect of forage quality on re- rural areas in the fields of science, technology, productive fitness. engineering, and mathematics, with priority (42) Agricultural practices relating to climate given to eligible institutions that carry out change continuing programs funded by the Secretary. Research and extension grants may be made (50) Alfalfa and forage research program under this section for field and laboratory Research and extension grants may be made studies that examine the ecosystem from under this section for the purpose of studying gross to minute scales and for projects that improvements in alfalfa and forage yields, bio- explore the relationship of agricultural prac- mass and persistence, pest pressures, the bio- tices to climate change. energy potential of alfalfa and other forages, (43) Brucellosis control and eradication and systems to reduce losses during harvest Research and extension grants may be made and storage. under this section to conduct research relat- (51) Food systems veterinary medicine ing to the development of vaccines and vac- Research grants may be made under this sec- cine delivery systems to effectively control tion to address health issues that affect food- and eliminate brucellosis in wildlife, and to producing animals, food safety, and the envi- assist with the controlling of the spread of ronment, and to improve information re- brucellosis from wildlife to domestic animals. sources, curriculum, and clinical education of (44) Bighorn and domestic sheep disease mech- students with respect to food animal veteri- anisms nary medicine and food safety. Research and extension grants may be made (52) Biochar research under this section to conduct research relat- Grants may be made under this section for ing to the health status of (including the pres- research, extension, and integrated activities ence of infectious diseases in) bighorn and do- relating to the study of biochar production mestic sheep under range conditions. and use, including considerations of agro- (45) Agricultural development in the American- nomic and economic impacts, synergies of co- Pacific region production with bioenergy, and the value of Research and extension grants may be made soil enhancements and soil carbon sequestra- under this section to support food and agricul- tion. tural science at a consortium of land-grant in- (f) Imported fire ant control, management, and stitutions in the American-Pacific region. eradication (46) Tropical and subtropical agricultural re- (1) Task force search The Secretary shall establish a task force Research grants may be made under this sec- pursuant to subsection (b)(2) of this section re- tion, in equal dollar amounts to the Caribbean garding the control, management, and eradi- and Pacific Basins, to support tropical and cation of imported fire ants. The Secretary subtropical agricultural research, including shall solicit and evaluate grant proposals pest and disease research, at the land-grant in- under this subsection in consultation with the stitutions in the Caribbean and Pacific re- task force. gions. (2) Initial grants (47) Viral hemorrhagic septicemia (A) Request for proposals Research and extension grants may be made The Secretary shall publish a request for under this section to study— proposals for grants for research or dem- (A) the effects of viral hemorrhagic septi- onstration projects related to the control, cemia (referred to in this paragraph as management, and possible eradication of im- ‘‘VHS’’) on freshwater fish throughout the ported fire ants. natural and expanding range of VHS; and (B) Selection (B) methods for transmission and human- mediated transport of VHS among Not later than 1 year after the date of pub- waterbodies. lication of the request for proposals, the (48) Farm and ranch safety Secretary shall evaluate the grant proposals submitted in response to the request and Research and extension grants may be made may select meritorious research or dem- under this section to carry out projects to de- onstration projects related to the control, crease the incidence of injury and death on management, and possible eradication of im- farms and ranches, including— ported fire ants to receive an initial grant (A) on-site farm or ranch safety reviews; under this subsection. (B) outreach and dissemination of farm (3) Subsequent grants safety research and interventions to agricul- tural employers, employees, youth, farm and (A) Evaluation of initial grants ranch families, seasonal workers, or other If the Secretary awards grants under para- individuals; and graph (2)(B), the Secretary shall evaluate all § 5925 TITLE 7—AGRICULTURE Page 1630

of the research or demonstration projects a higher priority for regions or locations with conducted under the grants for their use as the highest historical rates of infestation of the basis of a national plan for the control, Formosan termites. management, and possible eradication of im- (4) Management coordination ported fire ants by the Federal Government, The program management of research State and local governments, and owners grants, cooperative agreements, and projects and operators of land. under this subsection shall be conducted under (B) Selection existing authority in coordination with the On the basis of the evaluation under sub- national formosan 1 termite management and paragraph (A), the Secretary may select the research demonstration program conducted by projects that the Secretary considers most the Agricultural Research Service. promising for additional research or dem- (h) Pollinator protection onstration related to preparation of a na- (1) Research and extension tional plan for the control, management, and possible eradication of imported fire (A) Grants ants. The Secretary shall notify the task Research and extension grants may be force of the projects selected under this sub- made under this section— paragraph. (i) to survey and collect data on bee col- (4) Selection and submission of national plan ony production and health; (ii) to investigate pollinator biology, im- (A) Evaluation of subsequent grants munology, ecology, genomics, and bio- If the Secretary awards grants under para- informatics; graph (3)(B), the Secretary shall evaluate all (iii) to conduct research on various fac- of the research or demonstration projects tors that may be contributing to or associ- conducted under the grants for use as the ated with colony collapse disorder, and basis of a national plan for the control, man- other serious threats to the health of agement, and possible eradication of im- honey bees and other pollinators, includ- ported fire ants by the Federal Government, ing— State and local governments, and owners (I) parasites and pathogens of polli- and operators of land. nators; and (B) Selection (II) the sublethal effects of insecti- cides, herbicides, and fungicides on On the basis of the evaluation under sub- honey bees and native and managed pol- paragraph (A), the Secretary shall select 1 linators; project funded under paragraph (3)(B), or a combination of those projects, for award of a (iv) to develop mitigative and preventa- grant for final preparation of the national tive measures to improve native and man- plan. aged pollinator health; and (C) Submission (v) to promote the health of honey bees and native pollinators through habitat The Secretary shall submit to Congress conservation and best management prac- the final national plan prepared under sub- tices. paragraph (B) for the control, management, and possible eradication of imported fire (B) Authorization of appropriations ants. There is authorized to be appropriated to (g) Formosan termite research and eradication carry out this paragraph $10,000,000 for each of fiscal years 2008 through 2012. (1) Research program (2) Department of Agriculture capacity and in- The Secretary may make competitive re- frastructure search grants under this subsection to re- gional and multijurisdictional entities, local (A) In general government planning organizations, and local The Secretary shall, to the maximum ex- governments for the purpose of conducting re- tent practicable, increase the capacity and search for the control, management, and pos- infrastructure of the Department— sible eradication of Formosan termites in the (i) to address colony collapse disorder United States. and other long-term threats to pollinator (2) Eradication program health, including the hiring of additional personnel; and The Secretary may enter into cooperative (ii) to conduct research on colony col- agreements with regional and multijuris- lapse disorder and other pollinator issues dictional entities, local government planning at the facilities of the Department. organizations, and local governments for the purposes of— (B) Authorization of appropriations (A) conducting projects for the control, There is authorized to be appropriated to management, and possible eradication of carry out this paragraph $7,250,000 for each Formosan termites in the United States; and of fiscal years 2008 through 2012. (B) collecting data on the effectiveness of (3) Honey bee pest and pathogen surveillance the projects. There is authorized to be appropriated to (3) Funding priority conduct a nationwide honey bee pest and In allocating funds made available to carry out paragraph (2), the Secretary shall provide 1 So in original. Probably should be capitalized. Page 1631 TITLE 7—AGRICULTURE § 5925

pathogen surveillance program $2,750,000 for §§ 7203, 7204, May 22, 2008, 122 Stat. 1233; Pub. L. each of fiscal years 2008 through 2012. 110–246, § 4(a), title VII, §§ 7203, 7204, June 18, 2008, (4) Annual report on response to honey bee col- 122 Stat. 1664, 1994.) ony collapse disorder CODIFICATION The Secretary shall submit to the Commit- Pub. L. 110–234 and Pub. L. 110–246 made identical tee on Agriculture of the House of Representa- amendments to this section. The amendments by Pub. tives and the Committee on Agriculture, Nu- L. 110–234 were repealed by section 4(a) of Pub. L. trition, and Forestry of the Senate an annual 110–246. report describing the progress made by the De- AMENDMENTS partment of Agriculture in— 2008—Subsec. (a). Pub. L. 110–246, § 7204(b)(1), sub- (A) investigating the cause or causes of stituted ‘‘subsections (e) through (i)’’ for ‘‘subsections honey bee colony collapse; and (e), (f), and (g)’’ in first sentence. (B) finding appropriate strategies to re- Subsec. (b)(1). Pub. L. 110–246, § 7204(b)(2)(A), sub- duce colony loss. stituted ‘‘paragraphs (4), (7), (8), and (11)(B)’’ for ‘‘para- (i) Regional centers of excellence graphs (1), (6), (7), and (11)’’. Subsec. (b)(2). Pub. L. 110–246, § 7204(b)(2)(B), sub- (1) Establishment stituted ‘‘subsections (e) through (i)’’ for ‘‘subsection The Secretary shall prioritize regional cen- (e)’’. ters of excellence established for specific agri- Subsec. (d). Pub. L. 110–246, § 7203, substituted ‘‘shall’’ cultural commodities for the receipt of fund- for ‘‘may’’. Subsec. (e). Pub. L. 110–246, § 7204(a)(1)(B)–(D), redesig- ing under this section. nated pars. (2), (3), (5), (6), (9) to (14), (16), (18) to (20), (2) Composition (22), (24), (25), (28) to (31), (33), (35) to (40), and (44) as (1) to (29), respectively, added pars. (30) to (52), and struck A regional center of excellence shall be com- out former pars. (1), (4), (7), (8), (15), (17), (21), (23), (26), posed of 1 or more colleges and universities (27), (32), (34), (41) to (43), and (45), which related to re- (including land-grant institutions, schools of search on the brown citrus aphid and the citrus tristeza forestry, schools of veterinary medicine, or virus, uses of mesquite, red meat safety, sorghum ergot NLGCA Institutions (as defined in section 3103 eradication, development of the low-bush blueberry, of this title)) that provide financial support to wild pampas grass control, genetic aspects of scrapie in the regional center of excellence. sheep, forestry, wind erosion, crop loss models, harvest- ing productivity for fruits and vegetables, agricultural (3) Criteria for regional centers of excellence marketing, beef cattle genetics, ingestion of dairy pipe- The criteria for consideration to be a re- line cleaner, genetic resource conservation, and im- gional center of excellence shall include ef- provement of specialty crop production, respectively. forts— Subsec. (e)(3). Pub. L. 110–246, § 7204(a)(1)(A), sub- stituted ‘‘, improving, and eventually commercializing, (A) to ensure coordination and cost-effec- alfatoxin controls in corn and other affected agricul- tiveness by reducing unnecessarily duplica- tural products and crops’’ for ‘‘and controlling afla- tive efforts regarding research, teaching, toxin in the food and feed chains’’. and extension; Subsecs. (h) to (j). Pub. L. 110–246, § 7204(a)(2)–(4), (B) to leverage available resources by added subsecs. (h) and (i), redesignated former subsec. using public/private partnerships among ag- (h) as (j), and substituted ‘‘2012’’ for ‘‘2007’’ in subsec. ricultural industry groups, institutions of (j). higher education, and the Federal Govern- 2004—Subsec. (e)(45). Pub. L. 108–465 added par. (45). 2002—Subsec. (e)(25) to (44). Pub. L. 107–171, § 7208(b), ment; added pars. (25) to (44). (C) to implement teaching initiatives to Subsec. (h). Pub. L. 107–171, § 7119, substituted ‘‘2007’’ increase awareness and effectively dissemi- for ‘‘2002’’. nate solutions to target audiences through 1998—Pub. L. 105–185 amended section catchline and extension activities; text generally, substituting present provisions for pro- (D) to increase the economic returns to visions which in subsecs. (a) to (f) which authorized rural communities by identifying, attract- specialized research programs relating to, respectively, ing, and directing funds to high-priority ag- brown citrus aphid and citrus tristeza virus, ethanol, aflatoxin, mesquite, prickly pear, and deer tick ecology ricultural issues; and and related research, and for provisions in subsec. (g) (E) to improve teaching capacity and in- subjecting research to peer review, setting limitation frastructure at colleges and universities (in- on use of funds, and providing for general eligibility to cluding land-grant institutions, schools of participate in programs. forestry, and schools of veterinary medi- 1996—Subsec. (a). Pub. L. 104–127, §§ 863(1), 888, added cine). subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘The Secretary of Ag- (j) Authorization of appropriations riculture is encouraged to fund research for the devel- There are authorized to be appropriated such opment of technology which will ascertain the lean sums as are necessary to carry out this section content of animal carcasses to be used for human con- for each of fiscal years 1999 through 2012. sumption.’’ Subsecs. (d)(4), (e)(4). Pub. L. 104–127, § 836, sub- (Pub. L. 101–624, title XVI, § 1672, Nov. 28, 1990, stituted ‘‘1997’’ for ‘‘1995’’. 104 Stat. 3770; Pub. L. 102–237, title IV, §§ 406, Subsec. (f). Pub. L. 104–127, § 863, redesignated subsec. 407(11), Dec. 13, 1991, 105 Stat. 1864, 1865; Pub. L. (i) as (f) and struck out heading and text of former sub- 104–127, title VIII, §§ 836, 863, 888, Apr. 4, 1996, 110 sec. (f). Text read as follows: Stat. 1169, 1174, 1180; Pub. L. 105–185, title II, ‘‘(1) RESEARCH REQUIRED.—The Secretary of Agri- culture shall establish and carry out a program to § 242, June 23, 1998, 112 Stat. 549; Pub. L. 107–171, make grants to colleges and universities for research title VII, §§ 7119, 7208(b), May 13, 2002, 116 Stat. relating to immunoassay used— 434, 442; Pub. L. 108–465, title III, § 302, Dec. 21, ‘‘(A) to detect agricultural pesticide residues on ag- 2004, 118 Stat. 3885; Pub. L. 110–234, title VII, ricultural commodities for human consumption; and § 5925a TITLE 7—AGRICULTURE Page 1632

‘‘(B) to diagnose animal and plant diseases. consultation with the National Agricultural Re- ‘‘(2) PREFERENCE.—In making grants under this sub- search, Extension, Education, and Economics section, the Secretary may give preference to those Advisory Board. colleges and universities that, as of November 28, 1990, are conducting research described in this subsection.’’ (b) Administration Subsec. (g). Pub. L. 104–127, § 863, redesignated subsec. (1) In general (k) as (g) and struck out heading and text of former Paragraphs (4), (7), (8), and (11)(B) of sub- subsec. (g). Text read as follows: ‘‘The Secretary shall section (b) of section 450i of this title shall make research and extension grants available for the development of agricultural production and marketing apply with respect to the making of grants systems that will service niche markets located in under this section. nearby metropolitan areas. In awarding such grants, (2) Use of task forces the Secretary shall pay particular attention to areas— To facilitate the making of research and ex- ‘‘(1) with a high concentration of small farm oper- tension grants under this section in the re- ations; and ‘‘(2) that experience difficulty in delivering prod- search and extension areas specified in sub- ucts to market due to geographic isolation.’’ section (e) of this section, the Secretary may Subsec. (h). Pub. L. 104–127, § 863(1), struck out subsec. appoint a task force for each such area to (h) which provided that Secretary of Agriculture may make recommendations to the Secretary. The establish and carry out a program to conduct research Secretary may not incur costs in excess of on disease of scrapie in sheep and goats. $1,000 for any fiscal year in connection with Subsec. (i). Pub. L. 104–127, §§ 836, 863(2), redesignated each task force established under this para- subsec. (i) as (f) and substituted ‘‘1997’’ for ‘‘1995’’. graph. Subsec. (j). Pub. L. 104–127, § 863(1), struck out heading and text of subsec. (j). Text read as follows: ‘‘The Sec- (c) Matching funds required retary of Agriculture may— (1) In general ‘‘(1) conduct fundamental and applied research re- The Secretary shall require the recipient of lated to the development of new commercial products derived from natural plant materials for industrial, a grant under this section to provide funds or medical, and agricultural applications; and in-kind support from non-Federal sources in ‘‘(2) participate with colleges and universities, an amount at least equal to the amount pro- other Federal agencies, and private sector entities in vided by the Federal Government. conducting such research.’’ (2) Waiver authority Subsec. (k). Pub. L. 104–127, § 863(2), redesignated sub- sec. (k) as (g). The Secretary may waive the matching 1991—Subsec. (c). Pub. L. 102–237, § 407(11), redesig- funds requirement specified in paragraph (1) nated pars. (A) to (I) as (1) to (9), respectively. with respect to a research project if the Sec- Subsec. (i). Pub. L. 102–237, § 406(1), substituted ‘‘Sec- retary determines that— retary of Agriculture, acting through the Cooperative (A) the results of the project, while of par- State Research Service, to make competitive grants’’ ticular benefit to a specific agricultural for ‘‘Agricultural Research Service’’. commodity, are likely to be applicable to ag- Subsec. (k)(1). Pub. L. 102–237, § 406(2), substituted ricultural commodities generally; or ‘‘Research’’ for ‘‘Except for research funded under sub- (B) the project involves a minor commod- section (i), research’’. ity, the project deals with scientifically im- EFFECTIVE DATE OF 2008 AMENDMENT portant research, and the grant recipient is Amendment of this section and repeal of Pub. L. unable to satisfy the matching funds re- 110–234 by Pub. L. 110–246 effective May 22, 2008, the quirement. date of enactment of Pub. L. 110–234, see section 4 of (d) Priority Pub. L. 110–246, set out as an Effective Date note under Following the completion of a peer review section 8701 of this title. process for grant proposals received under this METHYL BROMIDE ALTERNATIVES section, the Secretary shall give priority to Pub. L. 108–465, title III, § 301, Dec. 21, 2004, 118 Stat. those grant proposals that involve— 3885, provided that: (1) the cooperation of multiple entities; and ‘‘(a) PRIORITY.—The Secretary of Agriculture shall (2) States or regions with a high concentra- elevate the priority of current methyl bromide alter- tion of livestock, dairy, or poultry operations. native research and extension activities and reexamine (e) Nutrient management research and extension the risks and benefits of extending the phase-out dead- areas line in effect on the date of the enactment of this Act [Dec. 21, 2004], including the estimated cost to the (1) Animal waste and odor management grower or processor associated with any alternatives Research and extension grants may be made proposed. under this section for the purpose of— ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For each of (A) identifying, evaluating, and dem- the fiscal years 2005 through 2009, there is authorized to onstrating innovative technologies for ani- be appropriated to the Secretary of Agriculture mal waste management and related air qual- $5,000,000 to carry out this section.’’ ity management and odor control; (B) investigating the unique microbiology § 5925a. Nutrient management research and ex- of specific animal wastes, such as swine tension initiative waste and dairy and beef cattle waste, to de- (a) Competitive research and extension grants velop improved methods to effectively man- authorized age air and water quality; and The Secretary of Agriculture (referred to in (C) conducting information workshops to this section as the ‘‘Secretary’’) may make com- disseminate the results of the research. petitive grants to support research and exten- (2) Water quality and aquatic ecosystems sion activities specified in subsection (e) of this Research and extension grants may be made section. The Secretary shall make the grants in under this section for the purpose of inves- Page 1633 TITLE 7—AGRICULTURE § 5925b

tigating the impact on aquatic food webs, es- 2002—Subsec. (g). Pub. L. 107–171 substituted ‘‘2007’’ pecially commercially important aquatic spe- for ‘‘2002’’. cies and their habitats, of microorganisms of EFFECTIVE DATE OF 2008 AMENDMENT the genus Pfiesteria and other microorganisms that are a threat to human or animal health. Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the (3) Rural and urban interface date of enactment of Pub. L. 110–234, see section 4 of Research and extension grants may be made Pub. L. 110–246, set out as an Effective Date note under under this section for the purpose of identify- section 8701 of this title. ing, evaluating, and demonstrating innovative STUDY OF NUTRIENT BANKING technologies to be used for animal waste man- Pub. L. 107–171, title VII, § 7411, May 13, 2002, 116 Stat. agement (including odor control) in rural 462, provided that: areas adjacent to urban or suburban areas in ‘‘(a) IN GENERAL.—The Secretary [of Agriculture] connection with waste management activities may conduct a study to evaluate nutrient banking for undertaken in urban or suburban areas. the purpose of enhancing the health and viability of (4) Animal feed watersheds in areas with large concentrations of ani- mal producing units. Research and extension grants may be made ‘‘(b) COMPONENTS.—In conducting any study under under this section for the purpose of maximiz- subsection (a), the Secretary shall evaluate the costs, ing nutrition management for livestock, while needs, and means by which litter may be collected and limiting risks, such as mineral bypass, associ- distributed outside the applicable watershed to reduce ated with livestock feeding practices. potential point source and nonpoint source phos- phorous pollution. (5) Alternative uses and renewable energy ‘‘(c) REPORT.—The Secretary shall submit to the Research and extension grants may be made Committee on Agriculture of the House of Representa- under this section for the purpose of finding tives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the re- innovative methods and technologies to allow sults of any study conducted under subsection (a).’’ agricultural operators to make use of animal waste, such as use as fertilizer, methane diges- § 5925b. Organic agriculture research and exten- tion, composting, and other useful byproducts. sion initiative (f) Authorization of appropriations (a) Competitive specialized research and exten- There are authorized to be appropriated such sion grants authorized sums as are necessary to carry out this section In consultation with the National Agricultural for each of fiscal years 1999 through 2012. Research, Extension, Education, and Economics (Pub. L. 101–624, title XVI, § 1672A, as added Pub. Advisory Board, the Secretary of Agriculture L. 105–185, title II, § 243, June 23, 1998, 112 Stat. (referred to in this section as the ‘‘Secretary’’) 554; amended Pub. L. 107–171, title VII, § 7120, may make competitive grants to support re- May 13, 2002, 116 Stat. 434; Pub. L. 110–234, title search and extension activities regarding or- VII, § 7205, May 22, 2008, 122 Stat. 1238; Pub. L. ganically grown and processed agricultural com- 110–246, § 4(a), title VII, § 7205, June 18, 2008, 122 modities for the purposes of— Stat. 1664, 1999.) (1) facilitating the development of organic agriculture production, breeding, and process- CODIFICATION ing methods; Pub. L. 110–234 and Pub. L. 110–246 made identical (2) evaluating the potential economic bene- amendments to this section. The amendments by Pub. fits to producers and processors who use or- L. 110–234 were repealed by section 4(a) of Pub. L. ganic methods; 110–246. (3) exploring international trade opportuni- AMENDMENTS ties for organically grown and processed agri- 2008—Subsec. (b)(1). Pub. L. 110–246, § 7205(1), added cultural commodities; par. (1) and struck out former par. (1). Prior to amend- (4) determining desirable traits for organic ment, text read as follows: ‘‘Paragraphs (1), (6), (7), and commodities; (11) of subsection (b) of section 450i of this title shall (5) identifying marketing and policy con- apply with respect to the making of grants under this straints on the expansion of organic agri- section.’’ culture; Subsec. (d). Pub. L. 110–246, § 7205(2), added subsec. (d) (6) conducting advanced on-farm research and struck out former subsec. (d). Prior to amendment, and development that emphasizes observation text read as follows: ‘‘Following the completion of a peer review process for grant proposals received under of, experimentation with, and innovation for this section, the Secretary may provide a priority to working organic farms, including research re- those grant proposals, found in the peer review process lating to production and marketing and to to be scientifically meritorious, that involve the co- socioeconomic conditions; operation of multiple entities.’’ (7) examining optimal conservation and en- Subsec. (e)(1)(B). Pub. L. 110–246, § 7205(3)(A), inserted vironmental outcomes relating to organically ‘‘and dairy and beef cattle waste’’ after ‘‘swine waste’’. produced agricultural products; and Subsec. (e)(5). Pub. L. 110–246, § 7205(3)(B), added par. (8) developing new and improved seed vari- (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘Research and extension grants eties that are particularly suited for organic may be made under this section for the purpose of find- agriculture. ing innovative methods and technologies for economic (b) Grant types and process, prohibition on con- use or disposal of animal waste.’’ struction Subsecs. (f), (g). Pub. L. 110–246, § 7205(4), (5), redesig- nated subsec. (g) as (f) and substituted ‘‘2012’’ for Paragraphs (4), (7), (8), and (11)(B) of sub- ‘‘2007’’. section (b) of section 450i of this title shall apply § 5925b TITLE 7—AGRICULTURE Page 1634 with respect to the making of grants under this CODIFICATION section. Pub. L. 110–234 and Pub. L. 110–246 made identical (c) Matching funds required amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. (1) In general 110–246. The Secretary shall require the recipient of AMENDMENTS a grant under this section to provide funds or in-kind support from non-Federal sources in 2013—Subsec. (f)(1). Pub. L. 112–240, § 701(e)(1)(A), sub- an amount at least equal to the amount pro- stituted ‘‘Mandatory funding for fiscal years 2009 vided by the Federal Government. through 2012’’ for ‘‘In general’’ in heading. Subsec. (f)(2). Pub. L. 112–240, § 701(e)(1)(B), sub- (2) Waiver authority stituted ‘‘Discretionary funding for fiscal years 2009 The Secretary may waive the matching through 2012’’ for ‘‘Additional funding’’ in heading. Subsec. (f)(3). Pub. L. 112–240, § 701(e)(1)(C), added par. funds requirement specified in paragraph (1) (3). with respect to a research project if the Sec- 2008—Subsec. (a)(7), (8). Pub. L. 110–246, § 7206(a)(1), retary determines that— added pars. (7) and (8). (A) the results of the project, while of par- Subsec. (b). Pub. L. 110–246, § 7406(d)(3), substituted ticular benefit to a specified agricultural ‘‘Paragraphs (4), (7), (8), and (11)(B)’’ for ‘‘Paragraphs commodity, are likely to be applicable to ag- (1), (6), (7), and (11)’’. ricultural commodities generally; or Subsec. (f). Pub. L. 110–246, § 7206(a)(2), added subsec. (B) the project involves a minor commod- (f). 2002—Subsec. (a)(1). Pub. L. 107–171, § 7218(1)(A), in- ity, the project deals with scientifically im- serted ‘‘, breeding,’’ after ‘‘production’’. portant research, and the grant recipient is Subsec. (a)(4) to (6). Pub. L. 107–171, § 7218(1)(B)–(D), unable to satisfy the matching funds re- added pars. (4) to (6). quirement. Subsec. (e). Pub. L. 107–171, § 7218(2), amended heading (d) Partnerships encouraged and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appro- Following the completion of a peer review priated such sums as are necessary to carry out this process for grant proposals received under this section for each of fiscal years 1999 through 2002.’’ section, the Secretary may provide a priority to EFFECTIVE DATE OF 2013 AMENDMENT those grant proposals, found in the peer review process to be scientifically meritorious, that in- Amendment by Pub. L. 112–240 effective Sept. 30, 2012, volve the cooperation of multiple entities. see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section (e) Funding 8701 of this title.

On October 1, 2003, and each October 1 there- EFFECTIVE DATE OF 2008 AMENDMENT after through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the Secretary of the Treasury shall transfer date of enactment of Pub. L. 110–234, except as other- $3,000,000 to the Secretary of Agriculture for this wise provided, see section 4 of Pub. L. 110–246, set out section. as an Effective Date note under section 8701 of this (f) Funding title. Amendment by section 7406(d)(3) of Pub. L. 110–246 in- (1) Mandatory funding for fiscal years 2009 applicable to any solicitation for grant applications is- through 2012 sued by the Cooperative State Research, Education, Of the funds of the Commodity Credit Cor- and Extension Service before June 18, 2008, see section poration, the Secretary shall make available 7406(c) of Pub. L. 110–246, set out as a note under section 450i of this title. to carry out this section— (A) $18,000,000 for fiscal year 2009; and COORDINATION OF PROJECTS AND ACTIVITIES (B) $20,000,000 for each of fiscal years 2010 Pub. L. 110–234, title VII, § 7206(b), May 22, 2008, 122 through 2012. Stat. 1239, and Pub. L. 110–246, § 4(a), title VII, § 7206(b), (2) Discretionary funding for fiscal years 2009 June 18, 2008, 122 Stat. 1664, 2000, provided that: ‘‘In car- through 2012 rying out the amendment made by this section [amend- ing this section], the Secretary [of Agriculture] shall In addition to amounts made available under ensure that the Division Chief of the applicable Re- paragraph (1), there is authorized to be appro- search, Education, and Extension Office established priated to carry out this section $25,000,000 for under section 251 of the Department of Agriculture Re- each of fiscal years 2009 through 2012. organization Act of 1994 (7 U.S.C. 6971) coordinates projects and activities under this section to ensure, to (3) Fiscal year 2013 the maximum extent practicable, that unnecessary du- There is authorized to be appropriated to plication of effort is eliminated or minimized.’’ carry out this section $25,000,000 for fiscal year [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) 2013. of Pub. L. 110–246, set out as a note under section 8701 (Pub. L. 101–624, title XVI, § 1672B, as added Pub. of this title.] L. 105–185, title II, § 244, June 23, 1998, 112 Stat. REPORT ON PRODUCERS AND HANDLERS OF ORGANIC 555; amended Pub. L. 107–171, title VII, § 7218, AGRICULTURAL PRODUCTS May 13, 2002, 116 Stat. 449; Pub. L. 110–234, title VII, §§ 7206(a), 7406(d)(3), May 22, 2008, 122 Stat. Pub. L. 107–171, title VII, § 7409, May 13, 2002, 116 Stat. 461, provided that: ‘‘Not later than 1 year after funds 1238, 1252; Pub. L. 110–246, § 4(a), title VII, are made available to carry out this section, the Sec- §§ 7206(a), 7406(d)(3), June 18, 2008, 122 Stat. 1664, retary [of Agriculture] shall submit to Congress a re- 1999, 2013; Pub. L. 112–240, title VII, § 701(e)(1), port that— Jan. 2, 2013, 126 Stat. 2364.) ‘‘(1) describes— Page 1635 TITLE 7—AGRICULTURE § 5925d

‘‘(A) the extent to which producers and handlers (Pub. L. 107–171, title VII, § 7407, May 13, 2002, 116 of organic agricultural products are contributing to Stat. 461; Pub. L. 110–234, title X, § 10302, May 22, research and promotion programs of the Depart- 2008, 122 Stat. 1347; Pub. L. 110–246, § 4(a), title X, ment [of Agriculture]; § 10302, June 18, 2008, 122 Stat. 1664, 2108; Pub. L. ‘‘(B) the extent to which producers and handlers of organic agricultural products are surveyed for 112–240, title VII, § 701(g)(4), Jan. 2, 2013, 126 Stat. ideas for research and promotion; 2366.) ‘‘(C) ways in which the programs reflect the con- REFERENCES IN TEXT tributions made by producers and handlers of or- ganic agricultural products and directly benefit the The date of enactment of this subsection, referred to producers and handlers; and in subsec. (c), is the date of enactment of Pub. L. ‘‘(D) the implementation of initiatives that di- 110–246, which was approved June 18, 2008. rectly benefit organic producers and handlers; and CODIFICATION ‘‘(2) evaluates industry and other proposals for im- proving the treatment of certified organic agricul- Pub. L. 110–234 and Pub. L. 110–246 made identical tural products under Federal marketing orders, in- amendments to this section. The amendments by Pub. cluding proposals to target additional resources for L. 110–234 were repealed by section 4(a) of Pub. L. research and promotion of organic products and to 110–246. differentiate between certified organic and other Section was enacted as part of the Farm Security and products in new or existing volume limitations or Rural Investment Act of 2002, and not as part of sub- other orderly marketing requirements.’’ title H of title XVI of the Food, Agriculture, Conserva- tion, and Trade Act of 1990 which comprises this sub- § 5925c. Organic production and market data ini- chapter. tiatives AMENDMENTS (a) In general 2013—Subsec. (d)(1). Pub. L. 112–240, § 701(g)(4)(A), sub- The Secretary shall collect and report data on stituted ‘‘Mandatory funding through fiscal year 2012’’ the production and marketing of organic agri- for ‘‘In general’’ in heading. cultural products. Subsec. (d)(2). Pub. L. 112–240, § 701(g)(4)(B), sub- stituted ‘‘Discretionary funding for fiscal years 2008 (b) Requirements through 2012’’ for ‘‘Additional funding’’ in heading. In carrying out subsection (a), the Secretary Subsec. (d)(3). Pub. L. 112–240, § 701(g)(4)(C), added par. shall, at a minimum— (3) (1) collect and distribute comprehensive re- 2008—Pub. L. 110–246, § 10302, amended section gener- porting of prices relating to organically pro- ally. Prior to amendment, text read as follows: ‘‘The Secretary shall ensure that segregated data on the pro- duced agricultural products; duction and marketing of organic agricultural products (2) conduct surveys and analysis and publish is included in the ongoing baseline of data collection reports relating to organic production, han- regarding agricultural production and marketing.’’ dling, distribution, retail, and trend studies EFFECTIVE DATE OF 2013 AMENDMENT (including consumer purchasing patterns); and (3) develop surveys and report statistical Amendment by Pub. L. 112–240 effective Sept. 30, 2012, analysis on organically produced agricultural see section 701(j) of Pub. L. 112–240, set out in a 1-Year products. Extension of Agricultural Programs note under section 8701 of this title. (c) Report EFFECTIVE DATE OF 2008 AMENDMENT Not later than 180 days after the date of enact- ment of this subsection, the Secretary shall sub- Amendment of this section and repeal of Pub. L. mit to the Committee on Agriculture of the 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of House of Representatives and the Committee on Pub. L. 110–246, set out as an Effective Date note under Agriculture, Nutrition, and Forestry of the Sen- section 8701 of this title. ate a report that— (1) describes the progress that has been made DEFINITIONS in implementing this section; and Secretary means the Secretary of Agriculture, see (2) identifies any additional production and section 7401(1) of Pub. L. 107–171, set out as a note under marketing data needs. section 3319f of this title. (d) Funding § 5925d. International organic research collabo- (1) Mandatory funding through fiscal year 2012 ration Of the funds of the Commodity Credit Cor- The Secretary, acting through the Agricul- poration, the Secretary shall use to carry out tural Research Service (including the National this section $5,000,000, to remain available Agricultural Library) and the Economic Re- until expended. search Service, shall facilitate access by re- (2) Discretionary funding for fiscal years 2008 search and extension professionals, farmers, and through 2012 other interested persons in the United States to, In addition to funds made available under and the use by those persons of, organic research paragraph (1), there are authorized to be ap- conducted outside the United States. propriated to carry out this section not more (Pub. L. 107–171, title VII, § 7408, May 13, 2002, 116 than $5,000,000 for each of fiscal years 2008 Stat. 461.) through 2012, to remain available until ex- pended. CODIFICATION (3) Fiscal year 2013 Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of sub- There is authorized to be appropriated to title H of title XVI of the Food, Agriculture, Conserva- carry out this section $5,000,000, to remain tion, and Trade Act of 1990 which comprises this sub- available until expended. chapter. § 5925e TITLE 7—AGRICULTURE Page 1636

DEFINITIONS (C) the need for regional diversity among Secretary means the Secretary of Agriculture, see feedstocks; section 7401(1) of Pub. L. 107–171, set out as a note under (D) the importance of developing multi- section 3319f of this title. year data relevant to the production of bio- mass feedstock crops; § 5925e. Agricultural bioenergy feedstock and en- (E) the extent to which the project in- ergy efficiency research and extension initia- volves direct participation of agricultural tive producers; (a) Establishment and purpose (F) the extent to which the project pro- posal includes a plan or commitment to use There is established within the Department of the biomass produced as part of the project Agriculture an agricultural bioenergy feedstock in commercial channels; and and energy efficiency research and extension (G) such other factors as the Secretary initiative (referred to in this section as the ‘‘Ini- may determine. tiative’’) for the purpose of enhancing the pro- (d) Energy-efficiency research and extension duction of biomass energy crops and the energy areas efficiency of agricultural operations. On-farm energy-efficiency research and exten- (b) Competitive research and extension grants sion activities funded under the Initiative shall authorized focus on developing and demonstrating tech- In carrying out this section, the Secretary nologies and production practices relating to— shall make competitive grants to support re- (1) improving on-farm renewable energy pro- search and extension activities specified in sub- duction; sections (c) and (d). (2) encouraging efficient on-farm energy use; (c) Agricultural bioenergy feedstock research (3) promoting on-farm energy conservation; and extension areas (4) making a farm or ranch energy-neutral; and (1) In general (5) enhancing on-farm usage of advanced Agricultural bioenergy feedstock research technologies to promote energy efficiency. and extension activities funded under the Ini- (e) Best practices database tiative shall focus on improving agricultural biomass production, biomass conversion in The Secretary shall develop a best-practices biorefineries, and biomass use by— database that includes information, to be avail- (A) supporting on-farm research on crop able to the public, on— species, nutrient requirements, management (1) the production potential of a variety of practices, environmental impacts, and eco- biomass crops; and nomics; (2) best practices for production, collection, (B) supporting the development and oper- harvesting, storage, and transportation of bio- ation of on-farm, integrated biomass feed- mass crops to be used as a source of bioenergy. stock production systems; (f) Administration (C) leveraging the broad scientific capa- (1) In general bilities of the Department of Agriculture Paragraphs (4), (7), (8), and (11)(B) of sub- and other entities in— section (b) of section 450i of this title shall (i) plant genetics and breeding; apply with respect to making grants under (ii) crop production; this section. (iii) soil and water science; (2) Consultation and coordination (iv) use of agricultural waste; and (v) carbohydrate, lipid, protein, and The Secretary shall— lignin chemistry, enzyme development, (A) make the grants in consultation with and biochemistry; and the National Agricultural Research, Exten- sion, Education, and Economics Advisory (D) supporting the dissemination of any of Board; and the research conducted under this subsection (B) coordinate projects and activities car- that will assist in achieving the goals of this ried out under the Initiative with projects section. and activities under section 9008 of the Farm (2) Selection criteria Security and Rural Investment Act of 2002 to In selecting grant recipients for projects ensure, to the maximum extent practicable, under paragraph (1), the Secretary shall con- that— (i) unnecessary duplication of effort is sider— eliminated or minimized; and (A) the capabilities and experiences of the (ii) the respective strengths of the De- applicant, including— partment of Agriculture and the Depart- (i) research in actual field conditions; ment of Energy are appropriately used. and (ii) engineering and research knowledge (3) Grant priority relating to biofuels or the production of The Secretary shall give priority to grant inputs for biofuel production; applications that integrate research and ex- tension activities established under sub- (B) the range of species types and cropping sections (c) and (d), respectively. practices proposed for study (including spe- cies types and practices studied using side- (4) Matching funds required by-side comparisons of those types and prac- As a condition of receiving a grant under tices); this section, the Secretary shall require the Page 1637 TITLE 7—AGRICULTURE § 5929

recipient of the grant to provide funds or in- with respect to the making of grants under this kind support from non-Federal sources in an section. amount that is at least equal to the amount (d) Authorization of appropriations provided by the Federal Government. There are authorized to be appropriated such (5) Partnerships encouraged sums as are necessary to carry out this section. Following the completion of a peer review (Pub. L. 101–624, title XVI, § 1672D, as added Pub. process for grant proposals received under this L. 110–234, title VII, § 7208, May 22, 2008, 122 Stat. section, the Secretary may provide a priority 1241; Pub. L. 110–246, § 4(a), title VII, § 7208, June to those grant proposals found as a result of 18, 2008, 122 Stat. 1664, 2002.) the peer review process— (A) to be scientifically meritorious; and CODIFICATION (B) that involve cooperation— Pub. L. 110–234 and Pub. L. 110–246 enacted identical (i) among multiple entities; and sections. Pub. L. 110–234 was repealed by section 4(a) of (ii) with agricultural producers. Pub. L. 110–246.

(g) Authorization of appropriations EFFECTIVE DATE There is authorized to be appropriated to Enactment of this section and repeal of Pub. L. carry out this section $50,000,000 for each of fis- 110–234 by Pub. L. 110–246 effective May 22, 2008, the cal years 2008 through 2012. date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of (Pub. L. 101–624, title XVI, § 1672C, as added Pub. this title. L. 110–234, title VII, § 7207, May 22, 2008, 122 Stat. 1239, and Pub. L. 110–246, § 4(a), title VII, § 7207, § 5926. Repealed. Pub. L. 110–234, title VII, § 7209, June 18, 2008, 122 Stat. 1664, 2000.) May 22, 2008, 122 Stat. 1241, and Pub. L.

REFERENCES IN TEXT 110–246, § 4(a), title VII, § 7209, June 18, 2008, 122 Stat. 1664, 2003 Section 9008 of the Farm Security and Rural Invest- ment Act of 2002, referred to in subsec. (f)(2)(B), is sec- Section, Pub. L. 101–624, title XVI, § 1673, Nov. 28, 1990, tion 9008 of Pub. L. 107–171, which amended title III of 104 Stat. 3773; Pub. L. 102–237, title IV, § 407(12), Dec. 13, Pub. L. 106–224, formerly set out as a note under section 1991, 105 Stat. 1865; Pub. L. 104–127, title VIII, § 837, Apr. 8101 of this title, which was transferred to chapter 112 4, 1996, 110 Stat. 1169; Pub. L. 105–185, title II, § 245, title (§ 8601 et seq.) of this title, and repealed by Pub. L. III, § 301(b)(2), June 23, 1998, 112 Stat. 556, 563; Pub. L. 110–246, title IX, § 9001(b), June 18, 2008, 122 Stat. 2095. 107–171, title VII, § 7121, May 13, 2002, 116 Stat. 434, es- tablished an agricultural telecommunications program. CODIFICATION CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–234 and Pub. L. 110–246 repealed this sec- Pub. L. 110–246. tion. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. EFFECTIVE DATE EFFECTIVE DATE OF REPEAL Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the Repeal of this section and repeal of Pub. L. 110–234 by date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246 effective May 22, 2008, the date of enact- Pub. L. 110–246, set out as a note under section 8701 of ment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, this title. set out as an Effective Date note under section 8701 of this title. § 5925f. Farm business management § 5927. Repealed. Pub. L. 104–127, title VIII, § 864, (a) In general Apr. 4, 1996, 110 Stat. 1174 The Secretary may make competitive research and extension grants for the purpose of— Section, Pub. L. 101–624, title XVI, § 1674, Nov. 28, 1990, (1) improving the farm management knowl- 104 Stat. 3775; Pub. L. 102–237, title IV, § 407(13), Dec. 13, edge and skills of agricultural producers; and 1991, 105 Stat. 1865, provided for establishment of Agri- culture Research Facilities Planning and Closure (2) establishing and maintaining a national, Study Commission. publicly available farm financial management database to support improved farm manage- § 5928. Repealed. Pub. L. 105–185, title III, ment. § 302(c), June 23, 1998, 112 Stat. 563 (b) Selection criteria Section, Pub. L. 101–624, title XVI, § 1675, Nov. 28, 1990, In allocating funds made available to carry 104 Stat. 3777; Pub. L. 102–237, title IV, § 407(14), Dec. 13, out this section, the Secretary may give prior- 1991, 105 Stat. 1865; Pub. L. 104–127, title VIII, § 838, Apr. ity to grants that— 4, 1996, 110 Stat. 1169, related to national centers for ag- (1) demonstrate an ability to work directly ricultural product quality research. with agricultural producers; § 5929. Red meat safety research center (2) collaborate with farm management and producer associations; (a) Establishment of center (3) address the farm management needs of a The Secretary of Agriculture shall award a variety of crops and regions of the United grant, on a competitive basis, to a research fa- States; and cility described in subsection (b) of this section (4) use and support the national farm finan- to establish a red meat safety research center. cial management database. (b) Eligible research facility described (c) Administration A research facility eligible for a grant under Paragraphs (4), (7), (8), and (11)(B) of sub- subsection (a) of this section is a research facil- section (b) of section 450i of this title shall apply ity that— § 5930 TITLE 7—AGRICULTURE Page 1638

(1) is part of a land-grant college or univer- tion or tribal jurisdiction is located in two or sity, or other federally supported agricultural more States, the Secretary of Agriculture shall research facility, located in close proximity to make the determination of administrative re- a livestock slaughter and processing facility; sponsibility, including possible divisions along and State boundaries. (2) is staffed by professionals with a wide di- (c) Advisory committees versity of scientific expertise covering all as- pects of meat science. At the request of a State Extension Director, and with the assistance of the tribal authorities, (c) Research conducted the Secretary of Agriculture may form an advi- The red meat safety research center estab- sory committee to give overall policy and pro- lished under subsection (a) of this section shall gram advice to that State Extension Director carry out research related to general food safe- with regard to programs conducted on reserva- ty, including— tions or within tribal jurisdictions. Program ad- (1) the development of intervention strate- visory committees may be formed to assist ex- gies that reduce microbiological contamina- tension staff in development and conduct of pro- tion of carcass surfaces; gram activities. (2) research regarding microbiological map- (d) Staffing ping of carcass surfaces; and (3) the development of model hazard analysis Insofar as possible, agent and specialist staff and critical control point plans. shall include individuals representative of the tribal grouping being served. Programs shall (d) Administration of funds emphasize training and employment of local The Secretary of Agriculture shall administer people in positions such as program aides, mas- funds appropriated to carry out this section. ter gardeners, and volunteers. Staffing at a par- (e) Authorization of appropriations ticular location shall be dependent on the needs and priorities of that location, as identified by There are authorized to be appropriated such the advisory committees and the State Exten- sums as are necessary for fiscal year 1997 to sion Director, and the Director may make use of carry out this section. existing personnel and facilities as appropriate. (Pub. L. 101–624, title XVI, § 1676, Nov. 28, 1990, (e) Placing of agents 104 Stat. 3779; Pub. L. 104–127, title VIII, § 839, The number of offices and their placement Apr. 4, 1996, 110 Stat. 1169.) shall be jointly determined by the State Exten- AMENDMENTS sion Directors and tribal authorities of the re- spective States by taking into consideration the 1996—Pub. L. 104–127 substituted ‘‘Red meat safety re- search center’’ for ‘‘Turkey Research Center’’ in sec- agricultural acreage within the boundaries of an tion catchline and amended text generally. Prior to Indian reservation or tribal jurisdiction, the soil amendment, text read as follows: ‘‘There are authorized classifications of such acreage, and the popu- to be appropriated $500,000 for fiscal year 1992 to be used lation of such reservation or tribal jurisdiction. by the Agricultural Research Service for planning pur- (f) Reduced regulatory burden poses in the establishment of a facility to be known as the Agricultural Turkey Research Center to be located On a determination by the Secretary of Agri- in Pelican Rapids, Minnesota, and operated in coopera- culture that a program carried out under this tion with the North Dakota State University.’’ section has been satisfactorily administered for not less than 2 years, the Secretary shall imple- § 5930. Reservation extension agents ment a reduced reapplication process for the (a) Establishment continued operation of the program in order to reduce regulatory burdens on participating uni- The Secretary of Agriculture, acting through versity and tribal entities. the National Institute of Food and Agriculture, shall establish appropriate extension education (g) Authorization of appropriations programs on Indian reservations and tribal ju- There are authorized to be appropriated such risdictions. In establishing these extension pro- sums as may be necessary to carry out this sec- grams, the Secretary shall consult with the Bu- tion. reau of Indian Affairs, the Intertribal Agri- (Pub. L. 101–624, title XVI, § 1677, Nov. 28, 1990, culture Council, and the Southwest Indian Agri- 104 Stat. 3779; Pub. L. 102–237, title IV, § 407(15), culture Association, and shall make such inter- Dec. 13, 1991, 105 Stat. 1865; Pub. L. 104–127, title agency cooperative agreements or memoranda VIII, § 840, Apr. 4, 1996, 110 Stat. 1170; Pub. L. of understanding as may be necessary. The pro- 110–234, title VII, § 7511(c)(23), May 22, 2008, 122 grams to be developed and delivered on reserva- Stat. 1269; Pub. L. 110–246, § 4(a), title VII, tions and within tribal jurisdictions shall be de- § 7511(c)(23), June 18, 2008, 122 Stat. 1664, 2031.) termined with the advice and counsel of reserva- tion or tribal program advisory committees. CODIFICATION (b) Administration and management Pub. L. 110–234 and Pub. L. 110–246 made identical Extension agents shall be employees of, and amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. administratively responsible to, the Cooperative 110–246. Extension Service of the State within which the reservation or tribal jurisdiction is located, and AMENDMENTS employment and personnel management respon- 2008—Subsec. (a). Pub. L. 110–246, § 7511(c)(23), sub- sibilities shall be vested with the State Coopera- stituted ‘‘National Institute of Food and Agriculture’’ tive Extension Service. In cases where a reserva- for ‘‘Extension Service’’. Page 1639 TITLE 7—AGRICULTURE § 5933

1996—Subsecs. (f), (g). Pub. L. 104–127 added subsec. (f) (A) provide direct education and assistance and redesignated former subsec. (f) as (g). to accommodate disability in farming to in- 1991—Subsec. (a). Pub. L. 102–237, § 407(15)(A), (B), sub- dividuals with disabilities who engage in stituted ‘‘reservation’’ for ‘‘Reservation’’ and ‘‘reserva- tions’’ for ‘‘Reservations’’ wherever appearing. farming and farm-related occupations; Subsec. (b). Pub. L. 102–237, § 407(15)(A), substituted (B) provide on-the-farm technical advice ‘‘reservation’’ for ‘‘Reservation’’ in two places. concerning the design, fabrication, and use Subsec. (c). Pub. L. 102–237, § 407(15)(C), substituted of agricultural and related equipment, ma- ‘‘tribal’’ for ‘‘Tribal’’ after ‘‘assistance of the’’. chinery, and tools, and assist in the modi- Subsec. (e). Pub. L. 102–237, § 407(15)(A), substituted ‘‘reservation’’ for ‘‘Reservation’’ in two places. fication of farm worksites, operations, and living arrangements to accommodate indi- EFFECTIVE DATE OF 2008 AMENDMENT viduals with disabilities who engage in farm- Amendment of this section and repeal of Pub. L. ing, farm living and farm-related tasks; 110–234 by Pub. L. 110–246 effective May 22, 2008, the (C) involve community and health care date of enactment of Pub. L. 110–234, except as other- professionals, including Extension Service wise provided, see section 4 of Pub. L. 110–246, set out agents and others, in the early identification as an Effective Date note under section 8701 of this of farm and rural families that are in need of title. Amendment by section 7511(c)(23) of Pub. L. 110–246 services related to the disability of an indi- effective Oct. 1, 2009, see section 7511(c) of Pub. L. vidual; 110–246, set out as a note under section 1522 of this title. (D) provide specialized education programs to enhance the professional competencies of INDIAN SUBSISTENCE FARMING DEMONSTRATION GRANT PROGRAM rural agricultural professionals, rehabilita- tion and health care providers, vocational Pub. L. 102–237, title IX, subtitle C, §§ 931–939, Dec. 13, counselors, and other providers of service to 1991, 105 Stat. 1889, established Indian subsistence farm- ing demonstration grant program to provide grants to individuals with disabilities, and their fami- any Indian tribe, or intertribal consortium, for estab- lies, who engage in farming or farm-related lishment on Indian reservations of subsistence farming occupations; and operations that grow fresh produce for distribution to (E) mobilize rural volunteer resources, in- eligible recipients, and provided for definitions, appli- cluding peer counseling among farmers with cations for assistance, training and technical assist- disabilities and rural ingenuity networks ance by Extension Service, tribal consultation, use, promoting cost effective methods or accom- amount, and terms of grants, additional requirements, modating disabilities in farming and farm- and authorization of appropriations through fiscal year 1995, prior to repeal by Pub. L. 104–127, title VIII, § 874, related activities. Apr. 4, 1996, 110 Stat. 1175. (4) Extension Service agencies §§ 5931, 5932. Repealed. Pub. L. 104–127, title VIII, Grants shall be awarded under this sub- §§ 865, 866, Apr. 4, 1996, 110 Stat. 1174 section directly to State Extension Service agencies to enable them to enter into con- Section 5931, Pub. L. 101–624, title XVI, § 1678, Nov. 28, tracts, on a multiyear basis, with private non- 1990, 104 Stat. 3780; Pub. L. 102–237, title IV, § 407(16), profit community-based direct service organi- Dec. 13, 1991, 105 Stat. 1865, related to special grants to zations to initiate, expand, or sustain coopera- study constraints on agricultural trade. Section 5932, Pub. L. 101–624, title XVI, § 1679, Nov. 28, tive programs described under paragraphs (2) 1990, 104 Stat. 3780, provided for establishment of five- and (3). year pilot project to coordinate food and nutrition edu- (5) Minimum amount cation programs. A grant awarded under this subsection may § 5933. Assistive technology program for farmers not be less than $150,000. with disabilities (6) Consideration for grants for new programs (a) Special demonstration grants For each fiscal year that amounts are made (1) In general available for grants under this subsection, the The Secretary of Agriculture, in consulta- Secretary may make grants in a manner that tion with other appropriate Federal agencies, ensures that eligible entities who apply for shall make demonstration grants to support grants, but have not previously received a cooperative programs between State Coopera- grant under this subsection, are given full con- tive Extension Service agencies and private sideration. nonprofit disability organizations to provide (b) National grant for technical assistance, train- on-the-farm agricultural education and assist- ing, and dissemination ance directed at accommodating disability in The Secretary of Agriculture shall award a farm operations for individuals with disabil- competitive grant to a national private non- ities who are engaged in farming and farm-re- profit disability organization to enable such or- lated occupations and their families. ganization to provide technical assistance, (2) Eligible services training, information dissemination and other Grants awarded under paragraph (1) may be activities to support community-based direct used to support programs serving individuals service programs of on-site rural rehabilitation with disabilities, and their families, who are and assistive technology for individuals with engaged in farming and farm-related occupa- disabilities, and their families, who are engaged tions. in farming or farm-related occupations. (3) Eligible programs (c) Authorization of appropriations Grants awarded under paragraph (1) may be (1) In general used to initiate, expand, or sustain programs Subject to paragraph (2), there is authorized that— to be appropriated to carry out this section § 5934 TITLE 7—AGRICULTURE Page 1640

$6,000,000 for each of fiscal years 1999 through § 5935. Use of remote sensing data and other data 2012. to anticipate potential food, feed, and fiber shortages or excesses and to provide timely (2) National grant information to assist farmers with planting Not more than 15 percent of the amounts decisions made available under paragraph (1) for a fiscal year shall be used to carry out subsection (b) (a) Findings of this section. Congress finds that— (1) remote sensing data can be useful to pre- (Pub. L. 101–624, title XVI, § 1680, Nov. 28, 1990, dict impending famine problems and forest in- 104 Stat. 3781; Pub. L. 104–127, title VIII, § 841, festations in time to allow remedial action; Apr. 4, 1996, 110 Stat. 1170; Pub. L. 105–185, title (2) remote sensing data can inform the agri- II, § 246, June 23, 1998, 112 Stat. 556; Pub. L. cultural community as to the condition of 107–171, title VII, §§ 7122, 7208(c), May 13, 2002, 116 crops and the land that sustains those crops; Stat. 434, 444; Pub. L. 110–234, title VII, § 7210, and May 22, 2008, 122 Stat. 1241; Pub. L. 110–246, § 4(a), (3) remote sensing data and other data can title VII, § 7210, June 18, 2008, 122 Stat. 1664, 2003.) be valuable, when received on a timely basis, CODIFICATION in determining the need for additional plant- ings of a particular crop or a substitute crop. Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. (b) Information development L. 110–234 were repealed by section 4(a) of Pub. L. The Secretary of Agriculture and the Adminis- 110–246. trator of the National Aeronautics and Space AMENDMENTS Administration, maximizing private funding and involvement, shall provide farmers and other in- 2008—Subsec. (c)(1). Pub. L. 110–246, § 7210, substituted terested persons with timely information, ‘‘2012’’ for ‘‘2007’’. through remote sensing, on crop conditions, fer- 2002—Subsec. (a)(6). Pub. L. 107–171, § 7208(c), added par. (6). tilization and irrigation needs, pest infiltration, Subsec. (c)(1). Pub. L. 107–171, § 7122, substituted soil conditions, projected food, feed, and fiber ‘‘2007’’ for ‘‘2002’’. production, and any other information available 1998—Subsec. (a)(6). Pub. L. 105–185, § 246(1), struck through remote sensing. out heading and text of par. (6). Text read as follows: (c) Coordination ‘‘There are authorized to be appropriated to carry out this subsection— The Secretary of Agriculture and the Adminis- ‘‘(A) not less than $3,000,000 for each of the fiscal trator of the National Aeronautics and Space years 1991 and 1992; and Administration shall jointly develop a proposal ‘‘(B) not less than $5,000,000 for each of the fiscal to provide farmers and other prospective users years 1993 through 1997.’’ with supply and demand information for food Subsec. (b). Pub. L. 105–185, § 246(2), struck out par. (1) and fibers. designation and heading and struck out heading and text of par. (2). Text read as follows: ‘‘There are author- (d) Sunset ized to be appropriated $1,000,000 to carry out this sub- The authorities provided by this section shall section for each of the fiscal years 1991 through 1997.’’ expire 5 years after April 4, 1996. Subsec. (c). Pub. L. 105–185, § 246(3), added subsec. (c). 1996—Subsecs. (a)(6)(B), (b)(2). Pub. L. 104–127 sub- (Pub. L. 104–127, title VIII, § 892, Apr. 4, 1996, 110 stituted ‘‘1997’’ for ‘‘1996’’. Stat. 1183.)

EFFECTIVE DATE OF 2008 AMENDMENT CODIFICATION Amendment of this section and repeal of Pub. L. Section was enacted as part of the Federal Agri- 110–234 by Pub. L. 110–246 effective May 22, 2008, the culture Improvement and Reform Act of 1996, and not date of enactment of Pub. L. 110–234, see section 4 of as part of subtitle H of title XVI of the Food, Agri- Pub. L. 110–246, set out as an Effective Date note under culture, Conservation, and Trade Act of 1990 which section 8701 of this title. comprises this subchapter.

REMOTE SENSING FOR AGRICULTURAL AND RESOURCE § 5934. Repealed. Pub. L. 110–234, title VII, § 7211, MANAGEMENT May 22, 2008, 122 Stat. 1242, and Pub. L. 110–246, § 4(a), title VII, § 7211, June 18, 2008, Pub. L. 106–391, title III, § 316, Oct. 30, 2000, 114 Stat. 122 Stat. 1664, 2003 1596, provided that: ‘‘(a) INFORMATION DEVELOPMENT.—The Administrator Section, Pub. L. 101–624, title XVI, § 1681, Nov. 28, 1990, [of the National Aeronautics and Space Administra- 104 Stat. 3782; Pub. L. 102–237, title IV, § 407(17), Dec. 13, tion] shall— 1991, 105 Stat. 1865, related to research on honeybee dis- ‘‘(1) consult with the Secretary of Agriculture to eases. determine data product types that are of use to farm- ers which can be remotely sensed from air or space; CODIFICATION ‘‘(2) consider useful commercial data products re- lated to agriculture as identified by the focused re- Pub. L. 110–234 and Pub. L. 110–246 repealed this sec- search program between the National Aeronautics tion. Pub. L. 110–234 was repealed by section 4(a) of Pub. and Space Administration’s Stennis Space Center and L. 110–246. the Department of Agriculture; and ‘‘(3) examine other data sources, including commer- EFFECTIVE DATE OF REPEAL cial sources, LightSAR, RADARSAT I, and Repeal of this section and repeal of Pub. L. 110–234 by RADARSAT II, which can provide domestic and Pub. L. 110–246 effective May 22, 2008, the date of enact- international agricultural information relating to ment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, crop conditions, fertilization and irrigation needs, set out as an Effective Date note under section 8701 of pest infiltration, soil conditions, projected food, feed, this title. and fiber production, and other related subjects. Page 1641 TITLE 7—AGRICULTURE § 5938

‘‘(b) PLAN.—After performing the activities described § 5937. Natural products research program in subsection (a) the Administrator shall, in consulta- tion with the Secretary of Agriculture, develop a plan (a) In general to inform farmers and other prospective users about The Secretary shall establish within the De- the use and availability of remote sensing products partment a natural products research program. that may assist with agricultural and forestry applica- tions identified in subsection (a). The Administrator (b) Duties shall transmit such plan to the Congress not later than In carrying out the program established under 180 days after the date of the enactment of this Act subsection (a), the Secretary shall coordinate [Oct. 30, 2000]. research relating to natural products, includ- ‘‘(c) IMPLEMENTATION.—Not later than 90 days after the plan has been transmitted under subsection (b), the ing— Administrator shall implement the plan.’’ (1) research to improve human health and agricultural productivity through the discov- § 5936. Farm and Ranch Stress Assistance Net- ery, development, and commercialization of work products and agrichemicals from bioactive (a) In general natural products, including products from The Secretary, in coordination with the Sec- plant, marine, and microbial sources; retary of Health and Human Services, shall (2) research to characterize the botanical make competitive grants to support cooperative sources, production, chemistry, and biological programs between State cooperative extension properties of plant-derived natural products; services and nonprofit organizations to establish and a Farm and Ranch Stress Assistance Network (3) other research priorities identified by the that provides stress assistance programs to indi- Secretary. viduals who are engaged in farming, ranching, (c) Peer and merit review and other agriculture-related occupations. The Secretary shall— (b) Eligible programs (1) determine the relevance and merit of re- Grants awarded under subsection (a) may be search under this section through a system of used to initiate, expand, or sustain programs peer review established by the Secretary pur- that provide professional agricultural behav- suant to section 7613 of this title; and ioral health counseling and referral for other (2) approve funding for research on the basis forms of assistance as necessary through— of merit, quality, and relevance to advancing (1) farm telephone helplines and websites; the purposes of this section. (2) community education; (d) Buildings and facilities (3) support groups; Funds made available under this section shall (4) outreach services and activities; and (5) home delivery of assistance, in a case in not be used for the construction of a new build- which a farm resident is homebound. ing or facility or the acquisition, expansion, re- modeling, or alteration of an existing building (c) Extension services or facility (including site grading and improve- Grants shall be awarded under this subsection ment and architect fees). directly to State cooperative extension services (e) Authorization of appropriations to enable the State cooperative extension serv- ices to enter into contracts, on a multiyear There are authorized to be appropriated to basis, with nonprofit, community-based, direct- carry out this section such sums as are nec- service organizations to initiate, expand, or sus- essary for each of fiscal years 2008 through 2012. tain cooperative programs described in sub- (Pub. L. 110–234, title VII, § 7525, May 22, 2008, 122 sections (a) and (b). Stat. 1273; Pub. L. 110–246, § 4(a), title VII, § 7525, (d) Authorization of appropriations June 18, 2008, 122 Stat. 1664, 2035.)

There are authorized to be appropriated such CODIFICATION sums as are necessary to carry out this section Pub. L. 110–234 and Pub. L. 110–246 enacted identical for each of fiscal years 2008 through 2012. sections. Pub. L. 110–234 was repealed by section 4(a) of (Pub. L. 110–234, title VII, § 7522, May 22, 2008, 122 Pub. L. 110–246. Stat. 1272; Pub. L. 110–246, § 4(a), title VII, § 7522, Section was enacted as part of the Food, Conserva- June 18, 2008, 122 Stat. 1664, 2033.) tion, and Energy Act of 2008, and not as part of subtitle H of title XVI of the Food, Agriculture, Conservation, CODIFICATION and Trade Act of 1990 which comprises this subchapter.

Pub. L. 110–234 and Pub. L. 110–246 enacted identical EFFECTIVE DATE sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Enactment of this section and repeal of Pub. L. Section was enacted as part of the Food, Conserva- 110–234 by Pub. L. 110–246 effective May 22, 2008, the tion, and Energy Act of 2008, and not as part of subtitle date of enactment of Pub. L. 110–234, see section 4 of H of title XVI of the Food, Agriculture, Conservation, Pub. L. 110–246, set out as a note under section 8701 of and Trade Act of 1990 which comprises this subchapter. this title.

EFFECTIVE DATE DEFINITION OF ‘‘SECRETARY’’ Enactment of this section and repeal of Pub. L. ‘‘Secretary’’ as meaning the Secretary of Agri- 110–234 by Pub. L. 110–246 effective May 22, 2008, the culture, see section 8701 of this title. date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of § 5938. Agricultural and rural transportation re- this title. search and education

DEFINITION OF ‘‘SECRETARY’’ (a) In general ‘‘Secretary’’ as meaning the Secretary of Agri- The Secretary, in consultation with the Sec- culture, see section 8701 of this title. retary of Transportation, shall make competi- § 6001 TITLE 7—AGRICULTURE Page 1642 tive grants to institutions of higher education Section was enacted as part of the Food, Conserva- to carry out agricultural and rural transpor- tion, and Energy Act of 2008, and not as part of subtitle tation research and education activities. H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 which comprises this subchapter. (b) Activities EFFECTIVE DATE Research and education grants made under this section shall be used to address rural trans- Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the portation and logistics needs of agricultural pro- date of enactment of Pub. L. 110–234, see section 4 of ducers and related rural businesses, including— Pub. L. 110–246, set out as a note under section 8701 of (1) the transportation of biofuels; and this title. (2) the export of agricultural products. DEFINITION OF ‘‘SECRETARY’’ (c) Selection criteria ‘‘Secretary’’ as meaning the Secretary of Agri- (1) In general culture, see section 8701 of this title. The Secretary shall award grants under this CHAPTER 89—PECAN PROMOTION AND section on the basis of the transportation re- RESEARCH search, education, and outreach expertise of the applicant, as determined by the Secretary. Sec. 6001. Findings and declaration of policy. (2) Priority 6002. Definitions. In awarding grants under this section, the 6003. Issuance of plans. Secretary shall give priority to institutions of 6004. Regulations. higher education for use in coordinating re- 6005. Required terms in plans. search and education activities with other in- 6006. Permissive terms in plans. stitutions of higher education with similar ag- 6007. Assessments. 6008. Petition and review. ricultural and rural transportation research 6009. Enforcement. and education programs. 6010. Investigations and power to subpoena. (d) Diversification of research 6011. Requirement of referendum. 6012. Suspension or termination of plan. The Secretary shall award grants under this 6013. Authorization of appropriations. section in areas that are regionally diverse and broadly representative of the diversity of agri- § 6001. Findings and declaration of policy cultural production and related transportation (a) Findings needs in the rural areas of the United States. Congress finds that— (e) Matching funds requirement (1) pecans are a native American nut that is The Secretary shall require each recipient of a an important food, and is a valuable part of grant under this section to provide, from non- the human diet; Federal sources, in cash or in kind, 50 percent of (2) the production of pecans plays a signifi- the cost of carrying out activities under the cant role in the economy of the United States grant. in that pecans are produced by thousands of pecan producers, shelled and processed by nu- (f) Grant review merous shellers and processors, and pecans A grant shall be awarded under this section on produced in the United States are consumed a competitive, peer- and merit-reviewed basis in by millions of people throughout the United accordance with section 7613(a) of this title. States and foreign countries; (g) No duplication (3) pecans must be high quality, readily In awarding grants under this section, the Sec- available, handled properly, and marketed ef- retary shall ensure that activities funded under ficiently to ensure that consumers have an this section do not duplicate the efforts of the adequate supply of pecans; University Transportation Centers described in (4) the maintenance and expansion of exist- ing markets and development of new markets sections 5505 and 5506 1 of title 49. for pecans are vital to the welfare of pecan (h) Authorization of appropriations producers and those concerned with market- There is authorized to be appropriated to ing, using, and producing pecans, as well as to carry out this section $5,000,000 for each of fiscal the general economy of the United States, and years 2008 through 2012. necessary to ensure the ready availability and efficient marketing of pecans; (Pub. L. 110–234, title VII, § 7529, May 22, 2008, 122 (5) there exist established State organiza- Stat. 1278; Pub. L. 110–246, § 4(a), title VII, § 7529, tions conducting pecan promotion, research, June 18, 2008, 122 Stat. 1664, 2040.) and industry and consumer education pro- REFERENCES IN TEXT grams that are invaluable to the efforts of pro- moting the consumption of pecans; Section 5506 of title 49, referred to in subsec. (g), was repealed by Pub. L. 112–141, div. E, title II, § 52010(a), (6) the cooperative development, financing, July 6, 2012, 126 Stat. 887. and implementation of a coordinated national program of pecan promotion, research, indus- CODIFICATION try information, and consumer information Pub. L. 110–234 and Pub. L. 110–246 enacted identical are necessary to maintain and expand existing sections. Pub. L. 110–234 was repealed by section 4(a) of markets and develop new markets for pecans; Pub. L. 110–246. and (7) pecans move in interstate and foreign 1 See References in Text note below. commerce, and pecans that do not move in