7 U.S.C. § 2665 — Withholding funds

Page 1529 TITLE 7—AGRICULTURE § 2665 § 2664. Cooperating colleges and universities (a) Program administration To ensure national coordination with other federally supported agricultural research and extension programs, administration of each State program shall be the responsibility of the colleges and universities eligible to receive funds under the Act of July 2, 1862 [7 U.S.C. 301 et seq.], and the Act of August 30, 1890 [7 U.S.C. 321 et seq.], including Tuskegee Institute. In States that contain more than one such institu- tion, such administration shall be the responsi- bility of the institution designated by mutual agreement of all such institutions, subject to approval by the Secretary. The Secretary shall pay funds available to each State to such insti- tution or university. Such administration shall be coordinated with other federally supported agricultural research and extension programs conducted in the State. (b) Eligibility for participation All private and publicly supported colleges and universities in a State shall be eligible to participate in programs authorized under this subchapter. Officials at universities or colleges other than those responsible for administering the programs that wish to participate in these programs shall submit program proposals to the college or university officials responsible for ad- ministering the programs who shall consider such proposals in the process of developing the budgets and plans of work. (c) Designation of official for program coordina- tion The institution of each State responsible for administering the programs authorized under this subchapter shall designate an official who shall be responsible for the overall coordination of the programs. (d) Appointment of advisory council for program administration; eligibility, membership, etc. The institution in each State responsible for administering the programs authorized under this subchapter shall name an advisory council to review and approve budgets and plans of work conducted under this subchapter and to advise the chief administrative officer of the institu- tion administering the programs on matters per- taining to the programs. An existing State rural development committee or council may be named to perform this function, or a new coun- cil may be appointed by the chief administrative officer or officers. The committee or council named or appointed shall consist of at least twelve members and shall include persons rep- resenting farmers, business, labor, banking, local government, multicounty planning and de- velopment districts, public and private colleges and universities in the State, and Federal and State agencies involved in rural development. (Pub. L. 92–419, title V, § 504, as added Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1325; amended Pub. L. 115–334, title VI, § 6101(a)(3)(B), Dec. 20, 2018, 132 Stat. 4727.) Editorial Notes REFERENCES IN TEXT Act of July 2, 1862, referred to in subsec. (a), is act July 2, 1862, ch. 130, 12 Stat. 503, popularly known as the ‘‘Morrill Act’’ and also as the ‘‘First Morrill Act’’, which is classified generally to subchapter I (§ 301 et seq.) of chapter 13 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 301 of this title and Tables. Act of August 30, 1890, referred to in subsec. (a), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Sec- ond Morrill Act, which is classified generally to sub- chapter II (§ 321 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 321 of this title and Tables. PRIOR PROVISIONS A prior section 2664, Pub. L. 92–419, title V, § 504, Aug. 30, 1972, 86 Stat. 673, related to conducting of programs authorized by this subchapter, by cooperating colleges and universities, prior to repeal by Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1326. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334 substituted ‘‘subject to approval by the Secretary’’ for ‘‘subject to approval by the Secretary of Agriculture’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. § 2665. Withholding funds If the Secretary determines that a State is not eligible to receive part or all of the funds to which it is otherwise entitled for programs under section 2662(a) and (b) of this title because of a failure to comply with regulations issued by the Secretary under this subchapter, the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the expira- tion of the Congress next succeeding the session of the legislature of the State from which funds have been withheld in order that the State may, if it should so desire, appeal to Congress from the determination of the Secretary. If the next Congress shall not direct such sum to be paid, it shall be covered into the Treasury. If any por- tion of the moneys that are received by the des- ignated officers of any State for the support and maintenance of programs authorized under this subchapter shall by any action or contingency be diminished or lost, or be misapplied, it shall be replaced by the State. (Pub. L. 92–419, title V, § 505, as added Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1326; amended Pub. L. 115–334, title VI, § 6101(a)(3)(B), Dec. 20, 2018, 132 Stat. 4727.) Editorial Notes PRIOR PROVISIONS A prior section 2665, Pub. L. 92–419, title V, § 505, Aug. 30, 1972, 86 Stat. 673, related to agreements and plans, prior to repeal by Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1326. Provisions similar to those comprising this section were contained in former section 2666 of this title, prior to its repeal by Pub. L. 97–98. AMENDMENTS 2018—Pub. L. 115–334 substituted ‘‘If the Secretary’’ for ‘‘If the Secretary of Agriculture’’. Page 1530 TITLE 7—AGRICULTURE § 2666 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. § 2666. Definitions For the purposes of this subchapter— (a) ‘‘rural development’’ means the planning, financing, and development of facilities and services in rural areas that contribute to mak- ing those areas desirable places in which to live and make private and business invest- ments; the planning, development, and expan- sion of business and industry in rural areas to provide increased employment and income; the planning, development, conservation, and use of land, water, and other natural resources of rural areas to maintain or improve the quality of the environment for people and business in rural areas; and the building or im- provement of institutional, organizational, and leadership capacities of rural citizens and leaders to define and resolve their own com- munity problems; (b) ‘‘State’’ means the several States, the Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the Virgin Islands of the United States, and the Commonwealth of the North- ern Mariana Islands; and (c) ‘‘small farm’’ means any farm (1) pro- ducing family net income from all sources (farm and nonfarm) below the median non- metropolitan income of the State; (2) operated by a family dependent on farming for a signifi- cant though not necessarily a majority of its income; and (3) on which family members pro- vide most of the labor and management. (Pub. L. 92–419, title V, § 506, as added Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1326.) Editorial Notes PRIOR PROVISIONS A prior section 2666, Pub. L. 92–419, title V, § 506, Aug. 30, 1972, 86 Stat. 674, related to withholding of funds, the keeping of a separate account in the Treasury, ap- peal by a State to Congress, covering of moneys into the Treasury, and State money replacement, prior to repeal by Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1326. Provisions similar to those comprising this section were contained in former section 2667 of this title, prior to repeal by Pub. L. 97–98. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. § 2667. Regulations The Secretary may issue such regulations as the Secretary determines necessary to carry out the provisions of this subchapter. (Pub. L. 92–419, title V, § 507, as added Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1326; amended Pub. L. 115–334, title VI, § 6101(a)(3)(B), Dec. 20, 2018, 132 Stat. 4727.) Editorial Notes PRIOR PROVISIONS A prior section 2667, Pub. L. 92–419, title V, § 507, Aug. 30, 1972, 86 Stat. 674; Pub. L. 95–113, title XIV, § 1442, Sept. 29, 1977, 91 Stat. 1006; Pub. L. 96–355, § 4(4), Sept. 24, 1980, 94 Stat. 1174, set forth definitions for purposes of this subchapter, prior to repeal by Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1326. Provisions similar to those comprising this section were contained in former section 2668 of this title, which was omitted from the Code. AMENDMENTS 2018—Pub. L. 115–334 substituted ‘‘The Secretary may issue’’ for ‘‘The Secretary of Agriculture may issue’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. § 2668. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–419, title V, § 508, Aug. 30, 1972, 86 Stat. 674, related to Secretary’s authority to promul- gate such regulations as might be necessary to carry out the provisions of this subchapter, prior to the gen- eral revision of this subchapter by Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1322. See section 2667 of this title. § 2669. Pilot projects for production and mar- keting of industrial hydrocarbons and alco- hols from agricultural commodities and for- est products (a) Formulation and execution of program The Secretary is authorized and directed to formulate and carry out a pilot program for the production and marketing of industrial hydro- carbons derived from agricultural commodities and forest products for the purpose of stabilizing and expanding the market for such commodities and products and expanding the Nation’s supply of industrial hydrocarbons. (b) Loan guarantees The Secretary shall provide for four pilot projects for the production of industrial hydro- carbons and alcohols from agricultural commod- ities and forest products by guaranteeing loans, not to exceed $15,000,000 per each such project, to public, private, or cooperative organizations or- ganized for profit or nonprofit, or to individuals for a term not to exceed twenty years at a rate of interest agreed upon by the borrower and lender. (c) Conditions No loan may be guaranteed under this section unless (1) research indicates the total energy content of the products and byproducts to be manufactured by the loan applicant will exceed the total energy input from fossil fuels used in the manufacture of such products and byprod- ucts, and (2) such other conditions as the Sec- retary deems appropriate to achieve the pur- poses of this section are met.