John D. Copeland
National Center for Agricultural Law Research and Information
University of Arkansas
Fayetteville, Arkansas
As a result of selective plant breeding, worldwide crop production dramatically increased during the past half century. But the recent emergence of a major technological breakthrough in plant genetics promises to revolutionize the development of plant varieties.
Plant gene or genome mapping permits scientists to identify the actual plant genes that control physiological growth, development, and productivity in virtually any plant species. By mapping the gene codes of certain plants, such as rice, wheat, and corn, scientists can isolate traits that protect plants from diseases and pests, as well as those traits that produce higher yields. Eventually, scientists hope to cut in half the time it takes to get desired traits in plants.
Grant Program Established
Because of plant genome mapping's potential impact on agriculture, horticulture, and the world food system, American scientists have called on the U.S. Congress to establish programs to facilitate plant genome mapping. In response, the U.S. Department of Agriculture (USDA) has launched a plant genome mapping program. The 1991 farm bill establishes a research grant program to support basic and applied research and technology in the development of plant genome structures and functions. 7 U.S. Code Annotated (U.S.C.A.)§ 450 (i) (1991). The program's goal is to make the United States a leader in biotechnology and to develop profitable crop varieties while creating a positive effect on the environment.
The program authorizes the Secretary of Agriculture to award competitive grants for periods up to 5 years for research projects in plant genomic mapping. Grant recipients can be State agricultural experiment stations, colleges and universities, other research institutions and organizations, Federal agencies, and even private organizations, corporations, or individuals.Id. § 450i(b)(1).
High-Priority Research
To the greatest extent possible the grants are allocated to highpriority research, taking into consideration the determination made by the Joint Council on Food and Agricultural Sciences and the National Agricultural Research and Extension Users Advisory Board.Id § 450i(b)(1)
"High-priority research" is defined as basic and applied research that focuses on national and regional research needs in plant systems, including plant genome structure and function, molecular and cellular genetics and plant biotechnology, plant-pest interactions and bio-control systems, crop plant response to environmental stresses, improved nutrient qualities of plant products, and new food and industrial uses of plant products. High-priority research also includes the methods to transfer such research to on-farm or in-market practice. Id. § 450i(b)(2)(A).
Restrictions
There are a number of critical restrictions on the use of highpriority research grant funds. For example, such funds cannot be used for planning, repair, rehabilitation, acquisition, or construction of a building or facility. Id. § 450(i)(7). Also, where appropriate, the grants must be consistent with the development of sustainable agriculture. Id. § 450(i)(j). The Secretary is authorized to formulate rules and regulations to govern appropriate licensing and patent arrangements, copyright fees, royalties, or other fee arrangements from the sales of products and their uses, applications, technology, or other processes developed through the plant genome mapping program.
Funds Authorized
The Secretary of Agriculture is required to file a written report with Congress by January 1 of each year describing the policies, priorities, and operations of the grant program.Id. § 450(i)(b)(9). Congress authorized $150 million for the program for 1991 and an additional $275 million for 1992. Funds have been authorized through 1995 when the amount is to reach $500 million.Id.§ 450(i)(b)(10).