PART 3419—MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS Authority: 7 U.S.C. 3222d; 7 U.S.C. 343(e); 7 U.S.C. 361c; Pub. L. 107-171; Pub. L. 110-234; Pub. L. 113-79. Source: 65 FR 21631, Apr. 21, 2000, unless otherwise noted. § 3419.1 Definitions. As used in this part: Capacity funds Eligible institution et seq. et seq. Matching funds Non-Federal sources Secretary State [65 FR 21631, Apr. 21, 2000, as amended at 83 FR 21849, May 11, 2018] § 3419.2 Matching funds requirement. (a) 1890 land-grant institutions. (b) 1862 land-grant institutions in insular (c) For fiscal year 2002 and each fiscal year thereafter, the matching funds shall equal not less than 50 percent of the formula funds to be distributed to the eligible institution. [65 FR 21631, Apr. 21, 2000, as amended at 83 FR 21849, May 11, 2018] § 3419.3 Limited waiver authority. (a) 1890 land-grant institutions: (b) 1862 land-grant institutions in insular areas: (c) The criteria to waive the applicable matching requirement for 1890 land-grant institutions and 1862 land-grant institutions in insular areas is demonstration of one or more of the following: (1) Impacts from natural disaster, flood, fire, tornado, hurricane, or drought; (2) State and/or institution facing a financial crisis; or (3) Lack of matching funds after demonstration of good faith efforts to obtain funds. (d) Approval or disapproval of the request for a waiver will be based on the application submitted, as defined under § 3419.4. [Redesignated and revised at 83 FR 21849, May 11, 2018] § 3419.4 Applications for waivers for both 1890 land-grant institutions and 1862 land-grant institutions in insular areas. Application for waivers for both 1890 land-grant institutions and 1862 land-grant institutions in insular areas. The president of the eligible institution must submit any request for a waiver for matching requirements. A waiver application must include the name of the eligible institution, the type of Federal capacity funds ( i.e. e.g. [83 FR 21849, May 11, 2018] § 3419.5 Certification of matching funds. Prior to the distribution of capacity funds each fiscal year, each eligible institution must certify as to the availability of matching funds. Eligible institutions may revise their certification of matching funds through July 1 of the fiscal year in which funds are appropriated. [65 FR 21631, Apr. 21, 2000, as amended at 83 FR 21850, May 11, 2018] § 3419.6 Use of matching funds. The required matching funds for the capacity programs must be used by an eligible institution for the same purpose as Federal award dollars: Agricultural research and extension activities that have been approved in the plan of work required under sections 1445(c) and 1444(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, section 7 of the Hatch Act of 1887, and section 4 of the Smith-Lever Act. For all programs, tuition dollars and student fees may not be used as matching funds. [83 FR 21850, May 11, 2018] § 3419.7 Reporting of matching funds. Institutions will report all capacity matching funds expended annually using Standard Form (SF) 425, in accordance with 7 CFR 3430.56(a). [83 FR 21850, May 11, 2018] § 3419.8 Redistribution of funds. Unmatched research and extension funds will be reapportioned in accordance with the research and extension statutory distribution formulas applicable to the 1890 and 1862 land-grant institutions in insular areas, respectively. Any redistribution of funds must be subject to the same matching requirement under § 3419.2. [Redesignated and revised at 83 FR 21850, May 11, 2018]