7 U.S.C. § 5812 — Program administration

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- Page 1782 TITLE 7—AGRICULTURE § 5813 tions 5811 and 5813 of this title, together with an evaluation of the project activity. (3) Conflict of interest A member of the Regional Administrative Council or a technical committee may not participate in the discussion or recommenda- tion of proposed projects if the member has or had a professional or business interest in, in- cluding the provision of consultancy services, the organization whose grant application is under review. (Pub. L. 101–624, title XVI, § 1622, Nov. 28, 1990, 104 Stat. 3736; Pub. L. 104–127, title VIII, § 860(a), (b), Apr. 4, 1996, 110 Stat. 1173; Pub. L. 110–234, title VII, § 7511(c)(15), May 22, 2008, 122 Stat. 1268; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(15), June 18, 2008, 122 Stat. 1664, 2030.) Editorial Notes 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. (a)(1). Pub. L. 110–246, § 7511(c)(15)(A), substituted ‘‘the National Institute of Food and Agri- culture’’ for ‘‘the Cooperative State Research Service in close cooperation with the Extension Service’’. Subsec. (b)(1)(B) to (L). Pub. L. 110–246, § 7511(c)(15)(B), added subpar. (B), redesignated former subpars. (D) to (L) as (C) to (K), respectively, and struck out former subpars. (B) and (C) which read as follows: ‘‘(B) the Cooperative State Research Service; ‘‘(C) the Extension Service;’’. 1996—Subsec. (a)(2) to (4). Pub. L. 104–127, § 860(b)(1), redesignated pars. (3) and (4) as (2) and (3), respectively, substituted ‘‘subsection (b)’’ for ‘‘subsection (e)’’ in par. (2), and struck out former par. (2) which read as fol- lows: ‘‘establish the Advisory Council in accordance with subsection (c) of this section;’’. Subsec. (b). Pub. L. 104–127, § 860(a), (b)(3), redesig- nated subsec. (e) as (b) and struck out former subsec. (b) which required Secretary, not later than Apr. 1, 1991, and each April 1 thereafter, to prepare and submit to congressional committees and to Advisory Council report describing results of programs carried out under sections 5811, 5813, and 5821 of this title and report de- scribing progress of projects conducted under this sub- chapter. Subsec. (b)(2). Pub. L. 104–127, § 860(b)(4), redesignated subpars. (B) to (F) as (A) to (E), respectively, and struck out former subpar. (A) which read as follows: ‘‘make recommendations to the Advisory Council con- cerning research and extension projects that merit funding under sections 5811 and 5813 of this title;’’. Subsecs. (c) to (e). Pub. L. 104–127, § 860(b)(2), (3), re- designated subsec. (e) as (b) and struck out subsec. (c) which provided for membership of the National Sus- tainable Agriculture Advisory Council and subsec. (d) which set forth responsibilities of Advisory Council. 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, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 7511(c)(15) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title. § 5813. Federal-State matching grant program (a) Establishment The Secretary shall establish a Federal-State matching grant program to make grants to States to assist in the creation or enhancement of State sustainable agriculture research, exten- sion, and education programs, in furtherance of this subchapter. (b) Eligible programs and activities States eligible to receive a grant under this section may conduct a variety of activities de- signed to carry out the purpose of this sub- chapter, including— (1) activities that encourage the incorpora- tion and integration of sustainable agriculture concerns in all State research, extension, and education projects; (2) educational programs for farmers, edu- cators, and the public; (3) the development and funding of innova- tive research, extension, and education pro- grams regarding sustainable agriculture; (4) the conduct of research and demonstra- tion projects; (5) the provision of technical assistance to farmers and ranchers; (6) activities that encourage farmer-to-farm- er information exchanges; (7) the incorporation of sustainable agri- culture studies in undergraduate and graduate degree programs; and (8) such other activities that are appropriate to the agricultural concerns of the State that are consistent with the purpose of this part. (c) Submission of plan (1) Required States that elect to apply for a grant under this section shall prepare and submit, to the appropriate Regional Administrative Council established under section 5812 of this title, a State plan and schedule for approval by such council and the Secretary. (2) Elements of plan State plans prepared under paragraph (1) shall provide details of the proposed program to be implemented using funds provided under this section for fiscal years 1991 through 1995, or any 5-year period thereafter, and shall iden- tify the sources of matching State funds for the same fiscal year. (3) Participation of farmers To be eligible for approval, State plans sub- mitted under this subsection shall dem- onstrate that there will be extensive and di- rect participation of farmers in the develop- ment, implementation, and evaluation of the program. (d) Grant award (1) Limits Subject to paragraph (2), the Secretary shall provide grants to eligible States in an amount not to exceed 50 percent of the cost of the es- tablishment or enhancement of a State sus- tainable agriculture program under a plan ap- proved by the Secretary under subsection (c) for a period not to exceed 5 years.