7 U.S.C. § 5811 — Research and extension projects

Page 1780 TITLE 7—AGRICULTURE § 5811 (8) The term ‘‘State agricultural experiment stations’’ shall have the same meaning given to that term by section 3103 of this title. (9) The term ‘‘nonprofit organization’’ means an organization, group, institute, or in- stitution that— (A) has a demonstrated capacity to con- duct agricultural research or education pro- grams; (B) has experience in research, demonstra- tion, education, or extension in sustainable agricultural practices and systems; and (C) qualifies as a nonprofit organization under section 501(c) of title 26. (Pub. L. 101–624, title XVI, § 1619, Nov. 28, 1990, 104 Stat. 3733; Pub. L. 102–237, title IV, § 407(2), Dec. 13, 1991, 105 Stat. 1864; Pub. L. 104–127, title VIII, § 860(c)(1), Apr. 4, 1996, 110 Stat. 1173; Pub. L. 110–234, title VII, § 7101(b)(5), May 22, 2008, 122 Stat. 1213; Pub. L. 110–246, § 4(a), title VII, § 7101(b)(5), June 18, 2008, 122 Stat. 1664, 1975.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a) and (b), was in the original ‘‘this subtitle’’, meaning subtitle B (§§ 1619–1629) of title XVI of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3733, which enacted this subchapter, repealed sections 4701 to 4710 of this title, and repealed provi- sions set out as a note under section 4701 of this title. For complete classification of subtitle B to the Code, see Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (b)(1). Pub. L. 110–246, § 7101(b)(5)(A), substituted ‘‘section 3103’’ for ‘‘section 3103(17)’’. Subsec. (b)(5). Pub. L. 110–246, § 7101(b)(5)(B), sub- stituted ‘‘section 3103’’ for ‘‘section 3103(7)’’. Subsec. (b)(8). Pub. L. 110–246, § 7101(b)(5)(C), sub- stituted ‘‘section 3103’’ for ‘‘section 3103(13)’’. 1996—Subsec. (b)(7) to (10). Pub. L. 104–127 redesig- nated pars. (8) to (10) as (7) to (9), respectively, and struck out former par. (7) which read as follows: ‘‘The term ‘Advisory Council’ means the National Sustain- able Agriculture Advisory Council established under section 5812(c) of this title.’’ 1991—Subsec. (b)(8). Pub. L. 102–237 substituted ‘‘Mar- iana Islands’’ for ‘‘Marianas Islands’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–214, § 1, Feb. 16, 1976, 90 Stat. 181, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Rice Production Act of 1975’.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. PART A—BEST UTILIZATION OF BIOLOGICAL APPLICATIONS § 5811. Research and extension projects (a) Projects required The Secretary shall conduct research and ex- tension projects to obtain data, develop conclu- sions, demonstrate technologies, and conduct educational programs that promote the purposes of this part, including research and extension projects that— (1) facilitate and increase scientific inves- tigation and education in order to— (A) reduce, to the extent feasible and prac- ticable, the use of chemical pesticides, fer- tilizers, and toxic natural materials in agri- cultural production; (B) improve low-input farm management to enhance agricultural productivity, profit- ability, and competitiveness; and (C) promote crop, livestock, and enterprise diversification; and (2) facilitate the conduct of projects in order to— (A) study, to the extent practicable, agri- cultural production systems that are located in areas that possess various soil, climate, and physical characteristics; (B) study farms that have been, and will continue to be, managed using farm produc- tion practices that rely on low-input and conservation practices; (C) take advantage of the experience and expertise of farmers and ranchers through their direct participation and leadership in projects; (D) transfer practical, reliable and timely information to farmers and ranchers con- cerning low-input sustainable farming prac- tices and systems; and (E) promote a partnership between farm- ers, nonprofit organizations, agribusiness, and public and private research and exten- sion institutions. (b) Agreements The Secretary shall carry out this section through agreements entered into with land- grant colleges or universities, other univer- sities, State agricultural experiment stations, the State cooperative extension services, non- profit organizations with demonstrable exper- tise, or Federal or State governmental entities. (c) Selection of projects (1) In general The Secretary shall select research and ex- tension projects to be conducted under this section on the basis of— (A) the relevance of the project to the pur- poses of this part; (B) the appropriateness of the design of the project; (C) the likelihood of obtaining the objec- tives of the project; and (D) the national or regional applicability of the findings and outcomes of the proposed project. (2) Priority In conducting projects under this section, the Secretary shall give priority to projects that— Page 1781 TITLE 7—AGRICULTURE § 5812 (A) closely coordinate research and exten- sion activities; (B) indicate the manner in which the find- ings of the project will be made readily usa- ble by farmers; (C) maximize the involvement and co- operation of farmers, including projects in- volving on-farm research and demonstra- tion; (D) involve a multidisciplinary systems approach; and (E) involve cooperation between farms, non-profit organizations, colleges and uni- versities, and government agencies. (d) Diversification of research The Secretary shall conduct projects and stud- ies under this section in areas that are broadly representative of the diversity of United States agricultural production, including production on family farms, mixed-crop livestock farms and dairy operations. (e) On-farm research The Secretary may conduct projects and ac- tivities that involve on-farm research and dem- onstration in carrying out this section. (f) Impact studies The Secretary may approve study projects concerning the national and regional economic, global competitiveness, social and environ- mental implications of the adoption of low-input sustainable agricultural practices and systems. (g) Project duration (1) In general The Secretary may approve projects to be conducted under this section that have a dura- tion of more than one fiscal year. (2) Sequence planting In the case of a research project conducted under this section that involves the planting of a sequence of crops or crop rotations, the Secretary shall approve such projects for a term that is appropriate to the sequence or ro- tation being studied. (h) Public access The Secretary shall ensure that research projects conducted under this section are open for public observation at specified times. (i) Indemnification (1) In general Subject to paragraph (2), the Secretary may indemnify the operator of a project conducted under this section for damage incurred or undue losses sustained as a result of a rigid re- quirement of research or demonstration under such project that is not experienced in normal farming operations. (2) Subject to agreement An indemnity payment under paragraph (1) shall be subject to any agreement between a project grantee and operator entered into prior to the initiation of such project. (Pub. L. 101–624, title XVI, § 1621, Nov. 28, 1990, 104 Stat. 3734; Pub. L. 104–127, title VIII, § 860(c)(2), Apr. 4, 1996, 110 Stat. 1173.) Editorial Notes AMENDMENTS 1996—Subsec. (c)(1). Pub. L. 104–127, § 860(c)(2)(A), re- designated subpars. (B) to (E) as (A) to (D), respec- tively, and struck out former subpar. (A) which read as follows: ‘‘the recommendations of the Advisory Coun- cil;’’. Subsec. (c)(2). Pub. L. 104–127, § 860(c)(2)(B), redesig- nated subpars. (B) to (F) as (A) to (E), respectively, and struck out former subpar. (A) which read as follows: ‘‘are recommended by the Advisory Council;’’. § 5812. Program administration (a) Duties of Secretary The Secretary shall— (1) administer the programs and projects conducted under sections 5811 and 5813 of this title through the National Institute of Food and Agriculture, Agricultural Research Serv- ice, and other appropriate agencies; (2) establish a minimum of four Regional Ad- ministrative Councils in accordance with sub- section (b); and (3) in conjunction with such Regional Ad- ministrative Councils, identify regional host institutions required to carry out such pro- grams or projects. (b) Regional Administrative Councils (1) Membership The membership of the Regional Adminis- trative Councils shall include representatives of— (A) the Agricultural Research Service; (B) the National Institute of Food and Ag- riculture; (C) State cooperative extension services; (D) State agricultural experiment sta- tions; (E) the Soil Conservation Service; (F) State departments engaged in sustain- able agriculture programs; (G) nonprofit organizations with demon- strable expertise; (H) farmers utilizing systems and practices of sustainable agriculture; (I) agribusiness; (J) the State or United States Geological Survey; and (K) other persons knowledgeable about sustainable agriculture and its impact on the environment and rural communities. (2) Responsibilities The Regional Administrative Councils shall— (A) promote the programs established under this subchapter at the regional level; (B) establish goals and criteria for the se- lection of projects authorized under this sub- chapter within the applicable region; (C) appoint a technical committee to evaluate the proposals for projects to be con- sidered under this subchapter by such coun- cil; (D) review and act on the recommenda- tions of the technical committee, and co- ordinate its activities with the regional host institution; and (E) prepare and make available an annual report concerning projects funded under sec-