US Code (Unofficial compilation from the Legal Information Institute) TITLE 7 - AGRICULTURE CHAPTER 13 AGRICULTURAL AND MECHANICAL COLLEGES Please Note: This compilation of the US Code, current as of Jan. 4, 2012, has been prepared by the Legal Information Institute using data from the U.S. House of Representatives, Office of the Law Revision Counsel. It is not an official U.S. government publication. For more details please see: http://www.law.cornell.edu/uscode/uscprint.html. Notes on this document: The content in this document is taken directly from the US Code, with the following exceptions: page headers and footers, page numbering, and all formatting are artifacts of this presentation. Divider lines have been inserted between sections. The notes are set off by a vertical line and a larger left margin. The table of contents immediately following this title page is machine-generated from the headings in this portion of the Code. Commonly available fonts are used. The Legal Information Institute promotes worldwide, free public access to law via the Internet. Founded in 1992, the LII created the first legal information website. It continues to be a pre-eminent "law-not-com" publisher of legal information and an important outreach activity of the Cornell Law School.
TITLE 7 - AGRICULTURE 1 CHAPTER 13 - AGRICULTURAL AND MECHANICAL COLLEGES 4 SUBCHAPTER I - COLLEGE-AID LAND APPROPRIATION 5 301. Land grant aid of colleges 5 302. Method of apportionment and selection; issuance of land scrip 10 303. Management expenses paid by State 10 304. Investment of proceeds of sale of land or scrip 10 305. Conditions of grant 11 306. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1028 12 307. Fees for locating land scrip 12 308. Reports by State governors of sale of scrip 12 309. Land grants in the State of North Dakota 12 SUBCHAPTER II - COLLEGE-AID ANNUAL APPROPRIATION 14 321. Secretary of Agriculture to administer annual college-aid appropriation 14 322. Annual appropriation 14 323. Racial discrimination by colleges restricted 15 324. Time, manner, etc., of annual payments 16 325. State to replace funds misapplied, etc.; restrictions on use of funds; reports by colleges 16 326. Ascertainment and certification of amounts due States; certificates withheld from States; appeal to Congress 17 326a. Annual appropriations for Puerto Rico, Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Federated States of Micronesia, Republic of the Marshall Islands, and Republic of Palau 18 327. Repealed. May 29, 1928, ch. 901, 1(74), 45 Stat. 991 19 328. Power to amend, repeal, etc., reserved 19 329. Additional appropriation for agricultural colleges 19 SUBCHAPTER III - RETIREMENT OF EMPLOYEES 21 331. Retirement of land-grant college employees 21 SUBCHAPTER IV - AGRICULTURAL EXTENSION WORK APPROPRIATION 23 341. Cooperative extension work by colleges 23 342. Cooperative agricultural extension work; cooperation with Secretary of Agriculture 24 343. Appropriations; distribution; allotment and apportionment; Secretary of Agriculture; matching funds; cooperative extension activities 24 343a to 343c 1. Repealed. June 26, 1953, ch. 157, 2, 67 Stat. 85, 86 30 343d. Transferred 30 343d 1 to 343d 5. Repealed. June 26, 1953, ch. 157, 2, 67 Stat. 86 30 343e. Repealed. Oct. 27, 1949, ch. 768, 3, 63 Stat. 940 31 343f, 343g. Repealed. June 26, 1953, ch. 157, 2, 67 Stat. 86 31 344. Ascertainment of entitlement of State to funds; time and manner of payment; State reporting requirements; plans of work 31 345. Replacement of diminished, lost or misapplied funds; restrictions on use; reports of colleges 33 346. Repealed. Pub. L. 105 185, title I, 103(f)(1), June 23, 1998, 112 Stat. 528 33 347. Repealed. Pub. L. 86 533, 1(21), June 29, 1960, 74 Stat. 249 34 347a. Disadvantaged agricultural areas 34 348. Rules and regulations 35 349. State defined 35 - ii -
TITLE 7 AGRICULTURE TITLE 7 AGRICULTURE Chap....Sec. 1. Commodity Exchanges...1 2. Cotton Standards...51 3. Grain Standards...71 4. Naval Stores...91 5. Importation of Adulterated Seeds [Repealed]...111 6. Insecticides and Environmental Pesticide Control...121 6A. National Laboratory Accreditation...138 7. Insect Pests Generally [Repealed, Omitted, or Transferred]...141 7A. Golden Nematode [Repealed]...150 7B. Plant Pests [Repealed]...150aa 8. Nursery Stock and Other Plants and Plant Products [Repealed, Omitted, or Transferred]...151 8A. Rubber and Other Critical Agricultural Materials...171 9. Packers and Stockyards...181 10. Warehouses...241 11. Honeybees...281 12. Associations of Agricultural Products Producers...291 13. Agricultural and Mechanical Colleges...301 14. Agricultural Experiment Stations...361 15. Bureau of Animal Industry...391 16. Bureau of Dairy Industry...401 17. Miscellaneous Matters...411 18. Cooperative Marketing...451 19. Cotton Statistics and Estimates...471 20. Dumping or Destruction of Interstate Produce...491 20A. Perishable Agricultural Commodities...499a 21. Tobacco Statistics...501 21A. Tobacco Inspection...511 21B. Tobacco Control [Repealed]...515 21C. Tobacco Reform...518 22. Agricultural Marketing [Omitted or Transferred]...521 23. Foreign Agricultural Service [Repealed]...541 24. Perishable Agricultural Commodities [Transferred to Chapter 20A]...551 25. Export Standards for Apples...581 25A. Export Standards for Grapes and Plums...591 26. Agricultural Adjustment...601 26A. Agricultural Marketing Agreements...671 27. Cotton Marketing [Repealed or Omitted]...701 28. Tobacco Industry [Repealed]...751 29. Potato Act of 1935 [Repealed]...801 30. Anti-Hog-Cholera Serum and Hog-Cholera Virus...851 31. Rural Electrification and Telephone Service...901 31A. Telemedicine and Distance Learning Services in Rural Areas...950aaa 32. Peanut Statistics...951 33. Farm Tenancy...1000 34. Sugar Production and Control [Omitted or Repealed]...1100 35. Agricultural Adjustment Act of 1938...1281 35A. Price Support of Agricultural Commodities...1421 36. Crop Insurance...1501 37. Seeds...1551 38. Distribution and Marketing of Agricultural Products...1621 39. Stabilization of International Wheat Market...1641 40. Halogeton Glomeratus Control [Repealed]...1651 41. Food for Peace...1691 42. Agricultural Commodity Set-Aside...1741 43. Foreign Market Development...1761 44. Wool Program [Repealed]...1781 45. Soil Bank Program...1801 46. Surplus Disposal of Agricultural Commodities...1851 47. Interchange of Department of Agriculture and State Employees [Repealed]...1881-1 -
TITLE 7 AGRICULTURE 48. Humane Methods of Livestock Slaughter...1901 49. Consultation on Agricultural Programs...1911 50. Agricultural Credit...1921 51. Supplemental Nutrition Assistance Program...2011 52. Farm Labor Contractor Registration [Repealed]...2041 53. Cotton Research and Promotion...2101 54. Transportation, Sale, and Handling of Certain Animals...2131 55. Department of Agriculture...2201 55A. Department of Agriculture Advisory Committees...2281 56. Unfair Trade Practices Affecting Producers of Agricultural Products...2301 57. Plant Variety Protection...2321 58. Potato Research and Promotion...2611 59. Rural Fire Protection, Development, and Small Farm Research and Education...2651 60. Egg Research and Consumer Information...2701 61. Noxious Weeds...2801 62. Beef Research and Information...2901 63. Farmer-to-Consumer Direct Marketing...3001 64. Agricultural Research, Extension, and Teaching...3101 65. Wheat and Wheat Foods Research and Nutrition Education...3401 66. Agricultural Foreign Investment Disclosure...3501 67. Implementation of International Sugar Agreement, 1977...3601 68. Agricultural Subterminal Facilities...3701 69. Swine Health Protection...3801 70. Animal Cancer Research...3901 71. Agricultural Trade Suspension Adjustment...4001 72. National Agricultural Cost of Production Standards Review Board [Omitted]...4101 73. Farmland Protection Policy...4201 74. Floral Research and Consumer Information...4301 75. International Carriage of Perishable Foodstuffs...4401 76. Dairy Research and Promotion...4501 77. Honey Research, Promotion, and Consumer Information...4601 78. Agricultural Productivity Research [Repealed]...4701 79. Pork Promotion, Research, and Consumer Information...4801 80. Watermelon Research and Promotion...4901 81. National Commission on Agriculture and Rural Development Policy [Omitted]...5001 82. State Agricultural Loan Mediation Programs...5101 83. Agricultural Competitiveness and Trade...5201 84. National Nutrition Monitoring and Related Research...5301 85. Administration of Environmental Programs...5401 86. Water Quality Research, Education, and Coordination...5501 87. Export Promotion...5601 88. Research...5801 89. Pecan Promotion and Research...6001 90. Mushroom Promotion, Research, and Consumer Information...6101 91. Lime Promotion, Research, and Consumer Information...6201 92. Soybean Promotion, Research, and Consumer Information...6301 93. Processor-Funded Milk Promotion Program...6401 94. Organic Certification...6501 95. Rural Revitalization Through Forestry...6601 96. Global Climate Change...6701 97. Fresh Cut Flowers and Fresh Cut Greens Promotion and Information...6801 98. Department of Agriculture Reorganization...6901 99. Sheep Promotion, Research, and Information...7101 100. Agricultural Market Transition...7201 101. Agricultural Promotion...7401 102. Emergency Food Assistance...7501 103. Agricultural Research, Extension, and Education Reform...7601 104. Plant Protection...7701 105. Hass Avocado Promotion, Research, and Information...7801 106. Commodity Programs...7901 107. Renewable Energy Research and Development...8101 108. Tree Assistance Program...8201-2 -
TITLE 7 - CHAPTER 13 AGRICULTURAL AND MECHANICAL COLLEGES 109. Animal Health Protection...8301 110. Enhancing Controls on Dangerous Biological Agents and Toxins...8401 111. Brown Tree Snake Control and Eradication...8501 112. Biomass Research and Development [Repealed]...8601 113. Agricultural Commodity Support Programs...8701 114. Agricultural Security...8901-3 -
TITLE 7 - CHAPTER 13 - SUBCHAPTER I COLLEGE-AID LAND APPROPRIATION CHAPTER 13 AGRICULTURAL AND MECHANICAL COLLEGES SUBCHAPTER I COLLEGE-AID LAND APPROPRIATION Sec. 301. Land grant aid of colleges. 302. Method of apportionment and selection; issuance of land scrip. 303. Management expenses paid by State. 304. Investment of proceeds of sale of land or scrip. 305. Conditions of grant. 306. Repealed. 307. Fees for locating land scrip. 308. Reports by State governors of sale of scrip. 309. Land grants in the State of North Dakota. SUBCHAPTER II COLLEGE-AID ANNUAL APPROPRIATION 321. Secretary of Agriculture to administer annual college-aid appropriation. 322. Annual appropriation. 323. Racial discrimination by colleges restricted. 324. Time, manner, etc., of annual payments. 325. State to replace funds misapplied, etc.; restrictions on use of funds; reports by colleges. 326. Ascertainment and certification of amounts due States; certificates withheld from States; appeal to Congress. 326a. Annual appropriations for Puerto Rico, Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Federated States of Micronesia, Republic of the Marshall Islands, and Republic of Palau. 327. Repealed. 328. Power to amend, repeal, etc., reserved. 329. Additional appropriation for agricultural colleges. SUBCHAPTER III RETIREMENT OF EMPLOYEES 331. Retirement of land-grant college employees. SUBCHAPTER IV AGRICULTURAL EXTENSION WORK APPROPRIATION 341. Cooperative extension work by colleges. 342. Cooperative agricultural extension work; cooperation with Secretary of Agriculture. 343. Appropriations; distribution; allotment and apportionment; Secretary of Agriculture; matching funds; cooperative extension activities. 343a to 343g. Repealed or Transferred. 344. Ascertainment of entitlement of State to funds; time and manner of payment; State reporting requirements; plans of work. 345. Replacement of diminished, lost or misapplied funds; restrictions on use; reports of colleges. 346, 347. Repealed. 347a. Disadvantaged agricultural areas. 348. Rules and regulations. 349. State defined. - 4 -
TITLE 7 - Section 301 - Land grant aid of colleges SUBCHAPTER I COLLEGE-AID LAND APPROPRIATION 301. Land grant aid of colleges There is granted to the several States, for the purposes hereinafter mentioned in this subchapter, an amount of public land, to be apportioned to each State a quantity equal to thirty thousand acres for each Senator and Representative in Congress to which the States are respectively entitled by the apportionment under the census of 1860: Provided, That no mineral lands shall be selected or purchased under the provisions of said sections. (July 2, 1862, ch. 130, 1, 12 Stat. 503.) Codification Act July 2, 1862, with the exception of section 7, was not incorporated into the Revised Statutes, probably because the grants made thereby were regarded as executed, and the provisions incidental thereto as temporary. By act Mar. 3, 1883, ch. 102, 22 Stat. 484, however, section 4 of the original act was amended to read as set out under section 304 of this title. Short Title Act July 2, 1862, as amended, which is classified to this subchapter, is popularly known as the Morrill Act and also as the First Morrill Act. Equity in Educational Land Grant Status Pub. L. 107 171, title VII, 7201(e), May 13, 2002, 116 Stat. 437, provided that: Not later than 1 year after the date of enactment of this Act [May 13, 2002], the Secretary of Agriculture shall submit a report containing recommended criteria for designating additional 1994 Institutions [see section 532 of Pub. L. 103 382, set out below] to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Pub. L. 106 387, 1(a) [title I], Oct. 28, 2000, 114 Stat. 1549, 1549A 7, provided in part: That hereafter, any distribution of the adjusted income from the Native American Institutions Endowment Fund is authorized to be used for facility renovation, repair, construction, and maintenance, in addition to other authorized purposes. Pub. L. 103 382, title V, part C, Oct. 20, 1994, 108 Stat. 4048, as amended by Pub. L. 104 127, title VIII, 882, Apr. 4, 1996, 110 Stat. 1175; Pub. L. 105 185, title II, 251, title III, 301(g), June 23, 1998, 112 Stat. 557, 563; Pub. L. 105 332, 3(d), Oct. 31, 1998, 112 Stat. 3126; Pub. L. 107 171, title VII, 7126(f) 7128, 7201(a) (d), May 13, 2002, 116 Stat. 435 437; Pub. L. 108 204, title I, 128, Mar. 2, 2004, 118 Stat. 547; Pub. L. 108 447, div. A, title VII, 777, Dec. 8, 2004, 118 Stat. 2849; Pub. L. 110 234, title VII, 7402(a) (e), May 22, 2008, 122 Stat. 1245, 1246; Pub. L. 110 246, 4(a), title VII, 7402(a) (e), June 18, 2008, 122 Stat. 1664, 2007; Pub. L. 110 315, title IX, 941(k)(2)(A), Aug. 14, 2008, 122 Stat. 3465, provided that: SEC. 531. SHORT TITLE. This part may be cited as the Equity in Educational Land-Grant Status Act of 1994. SEC. 532. DEFINITION. As used in this part, the term 1994 Institutions means any one of the following colleges: (1) Bay Mills Community College. (2) Blackfeet Community College. (3) Cankdeska Cikana Community College. (4) College of Menominee Nation. (5) Crownpoint Institute of Technology. (6) D Q University. (7) Dine College. (8) Chief Dull Knife Memorial College. - 5 -
TITLE 7 - Section 301 - Land grant aid of colleges (9) Fond du Lac Tribal and Community College. (10) Fort Belknap College. (11) Fort Berthold Community College. (12) Fort Peck Community College. (13) Haskell Indian Nations University. (14) Institute of American Indian and Alaska Native Culture and Arts Development. (15) Lac Courte Oreilles Ojibwa Community College. (16) Leech Lake Tribal College. (17) Little Big Horn College. (18) Little Priest Tribal College. (19) Nebraska Indian Community College. (20) Northwest Indian College. (21) Oglala Lakota College. (22) Saginaw Chippewa Tribal College. (23) Tohono O odham Community College. (24) Salish Kootenai College. (25) Sinte Gleska University. (26) Sisseton Wahpeton Community College. (27) Si Tanka/Huron University. (28) Sitting Bull College. (29) Southwestern Indian Polytechnic Institute. (30) Stone Child College. (31) Turtle Mountain Community College. (32) United Tribes Technical College. (33) White Earth Tribal and Community College. (34) Ilisagvik College. SEC. 533. LAND-GRANT STATUS FOR 1994 INSTITUTIONS. (a) In General. (1) Status of 1994 institutions. Except as provided in paragraph (2), 1994 Institutions shall be considered land-grant colleges established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly known as the First Morrill Act). (2) 1994 institutions. (A) 1994 Institutions shall not be considered as land-grant colleges that are eligible to receive funding under (i) the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7 U.S.C. 361a et seq.); (ii) the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 U.S.C. 343), except as provided under section 3(b)(3) of such Act [7 U.S.C. 343 (b)(3)] (as added by section 534 (b)(1) of this part); or (iii) the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.) (commonly known as the Second Morrill Act). (B) In lieu of receiving donations under the provisions of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly known as the First Morrill Act), relating to the donations of public land or scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, 1994 Institutions shall receive funding pursuant to the authorization under subsection (b). (3) Accreditation. To receive funding under this section and sections 534, 535, and 536, a 1994 Institution shall certify to the Secretary that the 1994 Institution - 6 -
TITLE 7 - Section 301 - Land grant aid of colleges (A) is accredited by a nationally recognized accrediting agency or association determined by the Secretary, in consultation with the Secretary of Education, to be a reliable authority regarding the quality of training offered; or (B) is making progress toward the accreditation, as determined by the nationally recognized accrediting agency or association. (b) Authorization of Appropriations. There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1996 through 2012. Amounts appropriated pursuant to this section shall be held and considered to have been granted to 1994 Institutions to establish an endowment pursuant to subsection (c). (c) Endowment. (1) In general. In accordance with this subsection, the Secretary of the Treasury shall establish a 1994 Institutions Endowment Fund (hereafter in this subsection referred to as the endowment fund ). The Secretary may enter into such agreements as are necessary to carry out this subsection. (2) Deposit to the endowment fund. The Secretary shall deposit in the endowment fund any (A) amounts made available by appropriations pursuant to subsection (b) (hereafter in this subsection referred to as the endowment fund corpus ); and (B) interest earned on the endowment fund corpus. (3) Investments. The Secretary shall invest the endowment fund corpus and income in interest-bearing obligations of the United States. (4) Withdrawals and expenditures. The Secretary may not make a withdrawal or expenditure from the endowment fund corpus. On the termination of each fiscal year, the Secretary shall withdraw the amount of the income from the endowment fund for the fiscal year, and after making adjustments for the cost of administering the endowment fund, distribute the adjusted income as follows: (A) 60 percent of the adjusted income shall be distributed among the 1994 Institutions on a pro rata basis. The proportionate share of the adjusted income received by a 1994 Institution under this subparagraph shall be based on the Indian student count (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 (a))). (B) 40 percent of the adjusted income shall be distributed in equal shares to the 1994 Institutions. (d) Memorandum of Agreement. Not later than January 6, 1997, the Secretary shall develop and implement a formal memorandum of agreement with the 1994 Institutions to establish programs to ensure that tribally controlled colleges and Native American communities equitably participate in Department of Agriculture employment, programs, services, and resources. SEC. 534. APPROPRIATIONS. (a) Authorization of Appropriations. (1) In general. For fiscal year 1996, and for each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury an amount equal to (A) $100,000; multiplied by (B) the number of 1994 Institutions. (2) Payments. For each fiscal year, the Secretary of the Treasury shall pay to the treasurer of each 1994 Institution an amount equal to (A) the total amount made available by appropriations pursuant to paragraph (1); divided by (B) the number of 1994 Institutions. (3) Use of funds; requirements. (A) In general. Except as provided in subparagraph (B), the amounts authorized to be appropriated under this subsection shall be used in the same manner as is prescribed for colleges under the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.) (commonly known as the Second Morrill Act), and, except as otherwise provided in this subsection, the requirements of such Act shall apply to 1994 Institutions. (B) Redistribution. Funds that would be paid to a 1994 Institution under paragraph (2) shall be withheld from that 1994 Institution and redistributed among the other 1994 Institutions if that 1994 Institution (i) declines to accept funds under paragraph (2); or (ii) fails to meet the accreditation requirements under section 533 (a)(3). - 7 -
TITLE 7 - Section 301 - Land grant aid of colleges (b) Funding. [Amended section 343 of this title.] SEC. 535. INSTITUTIONAL CAPACITY BUILDING GRANTS. (a) Definitions. As used in this section: (1) Federal share. The term Federal share means, with respect to a grant awarded under subsection (b), the share of the grant that is provided from Federal funds. (2) Non-federal share. The term non-federal share means, with respect to a grant awarded under subsection (b), the matching funds paid with funds other than funds referred to in paragraph (1), as determined by the Secretary. (3) Secretary. The term Secretary means the Secretary of Agriculture. (b) In General. (1) Institutional capacity building grants. For each of fiscal years 1996 through 2012, the Secretary shall make two or more institutional capacity building grants to assist 1994 Institutions with constructing, acquiring, and remodeling buildings, laboratories, and other capital facilities (including fixtures and equipment) necessary to conduct instructional activities more effectively in agriculture and sciences. (2) Requirements for grants. The Secretary shall make grants under this section (A) on the basis of a competitive application process under which appropriate officials of 1994 Institutions may submit applications to the Secretary in such form and manner as the Secretary may prescribe; and (B) in such manner as to ensure geographic diversity with respect to the 1994 Institutions that are the subject of the grants. (3) Demonstration of need. The Secretary shall require, as part of an application for a grant under this subsection, a demonstration of need. The Secretary may only award a grant under this subsection to an applicant that demonstrates a failure to obtain funding for a project after making a reasonable effort to otherwise obtain the funding. (4) Payment of non-federal share. A grant awarded under this subsection shall be made only if the recipient of the grant pays a non-federal share in an amount specified by the Secretary. (c) Authorization of Appropriations. There are authorized to be appropriated to the Department of Agriculture to carry out this section, such sums as are necessary for each of fiscal years 2002 through 2012. SEC. 536. RESEARCH GRANTS. (a) Research Grants Authorized. The Secretary of Agriculture may make grants under this section, on the basis of a competitive application process (and in accordance with such regulations as the Secretary may promulgate), to a 1994 Institution to assist the Institution to conduct agricultural research that addresses high priority concerns of tribal, national, or multistate significance. (b) Requirements. Grant applications submitted under this section shall certify that the research to be conducted will be performed under a cooperative agreement with at least 1 other land-grant college or university (exclusive of another 1994 Institution). (c) Authorization of Appropriations. There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1999 through 2012. Amounts appropriated shall remain available until expended. [Pub. L. 110 234, title VII, 7402(f), May 22, 2008, 122 Stat. 1246, and Pub. L. 110 246, 4(a), title VII, 7402(f), June 18, 2008, 122 Stat. 1664, 2007, provided that: The amendment made by subsection (a) [amending section 532 of Pub. L. 103 382, set out above] takes effect on October 1, 2008. [Pub. L. 110 234 and Pub. L. 110 246 enacted identical provisions. Pub. L. 110 234 was repealed by section 4(a) of Pub. L. 110 246, set out as a note under section 8701 of this title.] Land Grant Colleges in American Samoa, Northern Mariana Islands, and Trust Territory of the Pacific Islands Pub. L. 96 374, title XIII, 1361(c), (d), Oct. 3, 1980, 94 Stat. 1502, as amended by Pub. L. 99 396, 9(c), Aug. 27, 1986, 100 Stat. 840, provided that: (c) Any provision of any Act of Congress relating to the operation of or provision of assistance to a land grant college in the Virgin Islands or Guam shall apply to the land grant college in American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands (other than the Northern Mariana Islands) in the same manner and to the same extent. (d) Nothing in this section [amending section 326a of this title and provisions set out as a note below] shall be construed to interfere with or affect any of the provisions of the April 17, 1900 Treaty of Cession of Tutuila and Aunu u - 8 -
TITLE 7 - Section 302 - Method of apportionment and selection; issuance of land scrip Islands or the July 16, 1904 Treaty of Cession of the Manu a Islands as ratified by the Act of February 20, 1929 (45 Stat. 1253) and the Act of May 22, 1929 (46 Stat. 4) [48 U.S.C. 1431a]. [For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.] College of the Virgin Islands, Community College of American Samoa, College of Micronesia, Northern Marianas College, and University of Guam; Land-Grant Status; Authorization of Appropriations Section 506(a), (b) of Pub. L. 92 318, title V, June 23, 1972, 86 Stat. 350, as amended by Pub. L. 96 374, title XIII, 1361(a), Oct. 3, 1980, 94 Stat. 1501; Pub. L. 99 396, 9(a), Aug. 27, 1986, 100 Stat. 840, as amended by Pub. L. 102 247, title III, 305, Feb. 24, 1992, 106 Stat. 39, provided that: (a) The College of the Virgin Islands, the Community College of American Samoa, the College of Micronesia[,] the Northern Marianas College, and the University of Guam shall be considered land-grant colleges established for the benefit or agriculture and mechanic arts in accordance with the provisions of the Act of July 2, 1862, as amended (12 Stat. 503; 7 U.S.C. 301 305, 307, 308). (b) In lieu of extending to the Virgin Islands, Guam, American Samoa, Micronesia, and the Northern Mariana Islands those provisions of the Act of July 2, 1862, as amended, relating to donations of public land or land scrip for the endowment and maintenance of colleges or the benefit of agriculture and the mechanic arts, there is authorized to be appropriated $3,000,000 to the Virgin Islands and $3,000,000 to Guam and an equal amount to American Samoa, Micronesia, and to the Northern Mariana Islands. Amounts appropriated pursuant to this section shall be held and considered to have been granted to the Virgin Islands, Guam, American Samoa, Micronesia, and the Northern Mariana Islands subject to the provisions of that Act applicable to the proceeds from the sale of land or land scrip. Exchange of Land in Missouri Pub. L. 85 282, Sept. 4, 1957, 71 Stat. 607, provided: That, notwithstanding the provisions of the Act entitled An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, approved July 2, 1862 (7 U.S.C. secs. 301 308), the State of Missouri is authorized to convey to the United States all right, title, and interest of such State in and to any land granted to such State under authority of such Act of July 2, 1862, which is located within the exterior boundaries of the national forests situated within such State, and, in exchange therefor, the Secretary of Agriculture is authorized to convey to the State of Missouri all right, title, and interest of the United States in and to not to exceed an equal value of national forest lands (as determined by the Secretary) situated within such State. Sec. 2. Any exchange authorized by the first section of this Act shall be made in accordance with the applicable provisions of section 7 of the Act of March 1, 1911, commonly referred to as the Weeks Law (16 U.S.C., sec. 516), and the applicable provisions of the Act entitled An Act to consolidate national forest lands, approved March 20, 1922 (16 U.S.C., secs. 485 and 486). Sec. 3. Any land conveyed to the State of Missouri under authority of this Act shall, upon acceptance of such conveyance by such State, be held and considered to be granted to such State subject to the provisions of the Act of July 2, 1862, referred to in the first section of this Act. Cooperation in Placement of Domestic Farm Labor Section 2(b) of act Apr. 28, 1947, ch. 43, 61 Stat. 55, provided: The Secretary of Agriculture and the Secretary of Labor shall take such action as may be necessary to assure maximum cooperation between the agricultural extension services of the land-grant colleges and the State public employment agencies in the recruitment and placement of domestic farm labor and in the keeping of such records and information with respect thereto as may be necessary for the proper and efficient administration of the State unemployment compensation laws and of title V of the Servicemen s Readjustment Act of 1944, as amended (58 Stat. 295). Admission of Alaska as State; Grants Not To Extend to Alaska Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85 508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. Land grant under Alaska Statehood provisions as being in lieu of grant of acreage under sections 301 to 305, 307, 308 of this title (declared not to extend to Alaska), see section 6(l) of Pub. L. 85 508, set out as a note preceding section 21 of Title 48. - 9 -
TITLE 7 - Section 303 - Management expenses paid by State 302. Method of apportionment and selection; issuance of land scrip The land aforesaid, after being surveyed, shall be apportioned to the several States in sections or subdivisions of sections, not less than one-quarter of a section; and whenever there are public lands in a State subject to sale at private entry at $1.25 per acre, the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and the Secretary of the Interior is directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at $1.25 per acre, to which said State may be entitled under the provisions of this subchapter, land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in said sections, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus be issued be allowed to locate the same within the limits of any other State, or of any Territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at $1.25, or less, per acre: And provided further, That not more than one million acres shall be located by such assignees in any one of the States: And provided further, That no such location shall be made before July 2, 1863. (July 2, 1862, ch. 130, 2, 12 Stat. 503.) 303. Management expenses paid by State All the expenses of management, superintendence, and taxes from date of selection of said lands, previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, shall be paid by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes in sections 304, 305, 307 and 308 of this title mentioned. (July 2, 1862, ch. 130, 3, 12 Stat. 504.) 304. Investment of proceeds of sale of land or scrip All moneys derived from the sale of lands as provided in section 302 of this title by the States to which lands are apportioned and from the sales of land scrip provided for in said section shall be invested in bonds of the United States or of the States or some other safe bonds; or the same may be invested by the States having no State bonds, in any manner after the legislatures of such States shall have assented thereto and engaged that such funds shall yield a fair and reasonable rate of return, to be fixed by the State legislatures, and that the principal thereof shall forever remain unimpaired: Provided, That the moneys so invested or loaned shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section 305 of this title), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of this subchapter, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively - 10 -
TITLE 7 - Section 305 - Conditions of grant prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. (July 2, 1862, ch. 130, 4, 12 Stat. 504; Mar. 3, 1883, ch. 102, 22 Stat. 484; Apr. 13, 1926, ch. 130, 44 Stat. 247.) Amendments 1926 Act Apr. 13, 1926, substituted bonds for stocks and a fair and reasonable rate of return, to be fixed by the State Legislatures for not less than 5 per centum upon the amount so invested, before proviso. 1883 Act Mar. 3, 1883, inserted or the same may be invested by the States having no State stocks, in any other manner after the legislatures of such States shall have assented thereto, and engaged that such funds shall after other safe stocks and substituted yield for yielding, principal for capital and unimpaired for undiminished. 305. Conditions of grant The grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions contained in said sections, the previous assent of the several States shall be signified by legislative acts: First. If any portion of the fund invested, as provided by section 304 of this title, or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest shall be regularly applied without diminution to the purposes mentioned in section 304 of this title, except that a sum, not exceeding 10 per centum upon the amount received by any State under the provisions of this subchapter, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said States. Second. No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. Third. Any State which may take and claim the benefit of the provisions of this subchapter shall provide, within five years from the time of its acceptance as provided in subdivision seven of this section, at least not less than one college, as described in section 304 of this title, or the grant to such State shall cease; and said State shall be bound to pay the United States the amount received of any lands previously sold, and the title to purchasers under the State shall be valid. Fourth. An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their cost and results, and such other matters, including State industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail, by each, to all the other colleges which may be endowed under the provisions of this subchapter, and also one copy to the Secretary of the Interior. Fifth. When lands shall be selected from those which have been raised to double the minimum price, in consequence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionally diminished. Sixth. No State while in a condition of rebellion or insurrection against the Government of the United States shall be entitled to the benefit of the provisions of this subchapter. Seventh. No State shall be entitled to the benefits of the provisions of this subchapter unless it shall express its acceptance thereof by its legislature within three years from July 23, 1866: Provided, - 11 -
TITLE 7 - Section 306 - Repealed.] That when any Territory shall become a State and be admitted into the Union, such new State shall be entitled to the benefits of the provisions of said sections, by expressing the acceptance therein required within three years from the date of its admission into the Union, and providing the college or colleges within five years after such acceptance, as heretofore prescribed in this chapter. (July 2, 1862, ch. 130, 5, 12 Stat. 504; July 23, 1866, ch. 209, 14 Stat. 208; Mar. 3, 1873, ch. 231, 3, 17 Stat. 559.) Repeals Subd. fourth was repealed in part by act March 3, 1873, which provided in part: That all laws and parts of laws permitting the transmission by mail of any free matter whatever be, and the same are hereby, repealed from and after June thirtieth, eighteen hundred and seventy-three. Subd. seventh formerly contained a proviso which read as follows: Provided further, That any State which has prior to July 23, 1866, expressed its acceptance of the foregoing provisions of this chapter shall have the period of five years within which to provide at least one college, as described in the fourth section of said act, after the time for providing said college, according to the act of July second, eighteen hundred and sixty-two shall have expired. 306. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1028 Section, act July 2, 1862, ch. 130, 6, 12 Stat. 505, related to time of location of land scrip. 307. Fees for locating land scrip The land officers shall receive the same fees for locating land scrip issued under the provisions of this subchapter as was on July 2, 1862, allowed for the location of military bounty land warrants under laws existing at that time: Provided, That their maximum compensation shall not be thereby increased. (July 2, 1862, ch. 130, 7, 12 Stat. 505.) 308. Reports by State governors of sale of scrip The governors of the several States to which scrip shall be issued under the provisions of this subchapter shall be required to report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds. (July 2, 1862, ch. 130, 8, 12 Stat. 505.) 309. Land grants in the State of North Dakota (a) Expenses Notwithstanding section 303 of this title, the State of North Dakota shall manage the land granted to the State under section 301 of this title, including any proceeds from the land, in accordance with this section. (b) Disposition of proceeds Notwithstanding section 304 of this title, the State of North Dakota shall, with respect to any trust fund in which proceeds from the sale of land under this subchapter are deposited (referred to in this section as the trust fund ) - 12 -
TITLE 7 - CHAPTER 13 - SUBCHAPTER II COLLEGE-AID ANNUAL APPROPRIATION (1) deposit all revenues earned by a trust fund into the trust fund; (2) deduct the costs of administering a trust fund from each trust fund; and (3) manage each trust fund to (A) preserve the purchasing power of the trust fund; and (B) maintain stable distributions to trust fund beneficiaries. (c) Distributions Notwithstanding section 304 of this title, any distributions from trust funds in the State of North Dakota shall be made in accordance with section 2 of article IX of the Constitution of the State of North Dakota. (d) Management Notwithstanding section 305 of this title, the State of North Dakota shall manage the land granted under section 301 of this title, including any proceeds from the land, in accordance with this section. (July 2, 1862, ch. 130, 9, as added Pub. L. 111 11, title XIII, 13001(b), Mar. 30, 2009, 123 Stat. 1446.) - 13 -
TITLE 7 - Section 321 - Secretary of Agriculture to administer annual college-aid appro... SUBCHAPTER II COLLEGE-AID ANNUAL APPROPRIATION 321. Secretary of Agriculture to administer annual college-aid appropriation The Secretary of Agriculture is charged with the proper administration of this subchapter. (Aug. 30, 1890, ch. 841, 4, 26 Stat. 419; 1939 Reorg. Plan No. 1, 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96 88, title III, 301(a)(2)(E), Oct. 17, 1979, 93 Stat. 677; Pub. L. 97 98, title XIV, 1419, Dec. 22, 1981, 95 Stat. 1306.) Codification Section constitutes part of section 4 of act Aug. 30, 1890. Remainder of section 4 is classified to section 326 of this title. Short Title Act Aug. 30, 1890, as amended, which is classified to this subchapter, is popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act. Transfer of Functions Functions and duties of Secretary of Education under this subchapter transferred to Secretary of Agriculture by section 1419 of Pub. L. 97 98. Functions of Secretary of Health, Education, and Welfare under this subchapter transferred to Secretary of Education by section 301(a)(2)(E) of Pub. L. 96 88, which is classified to section 3441 (a)(2)(e) of Title 20, Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of 1953 Reorg. Plan No. 1. Prior to July 1, 1939, functions of Secretary of the Interior under this subchapter were carried out through Office of Education of Department of the Interior. Office of Education and its functions transferred to Federal Security Administrator by section 204 of 1939 Reorg. Plan No. 1, set out in the Appendix to Title 5. West Virginia State College at Institute, West Virginia Pub. L. 107 76, title VII, 753, Nov. 28, 2001, 115 Stat. 740, provided that: Hereafter, any provision of any Act of Congress relating to colleges and universities eligible to receive funds under the Act of August 30, 1890 [7 U.S.C. 321 et seq.], including Tuskegee University, shall apply to West Virginia State College at Institute, West Virginia: Provided, That the Secretary may waive the matching funds requirement under section 1449 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222d) for fiscal year 2002 for West Virginia State College if the Secretary determines the State of West Virginia will be unlikely to satisfy the matching requirement. 322. Annual appropriation There is annually appropriated, out of any money in the Treasury not otherwise appropriated, to be paid as provided in section 324 of this title, to each State and Territory for the more complete endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts established in accordance with the provisions of subchapter I of this chapter, $50,000 to be applied only to instruction in food and agricultural sciences, and to the facilities for such instruction: Provided, That said colleges may use a portion of this money for providing courses for the special preparation of instructors for teaching the elements of food and agricultural sciences. (Aug. 30, 1890, ch. 841, 1, 26 Stat. 417; Mar. 4, 1907, ch. 2907, 34 Stat. 1281, 1282; Pub. L. 97 98, title XIV, 1421, Dec. 22, 1981, 95 Stat. 1306.) - 14 -
TITLE 7 - Section 323 - Racial discrimination by colleges restricted Codification Section is based on a part of section 1 of act Aug. 30, 1890, and the tenth and eleventh pars. under the heading Emergency Appropriations of act Mar. 4, 1907. Remainder of section 1 of act Aug. 30, 1890, is classified to section 323 of this title. Amendments 1981 Pub. L. 97 98 substituted food and agricultural sciences for agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life and the elements of food and agricultural sciences for the elements of agriculture and the mechanic arts. 1907 Act Mar. 4, 1907, substituted $50,000 for $25,000, and inserted proviso. Effective Date of 1981 Amendment Amendment by Pub. L. 97 98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97 98, set out as an Effective Date note under section 4301 of this title. Transfer of Functions For transfer of functions under this section to Secretary of Agriculture, see note set out under section 321 of this title. Availability of Funds for Payments Under This Subchapter Pub. L. 103 330, title VII, 724, Sept. 30, 1994, 108 Stat. 2469, provided that: No funds shall be available in fiscal year 1995 and thereafter for payments under the Act of August 30, 1890 and the tenth and eleventh paragraphs under the heading Emergency Appropriations of the Act of March 4, 1907 (7 U.S.C. 321 et seq.). 323. Racial discrimination by colleges restricted No money shall be paid out under this subchapter to any State or Territory for the support or maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of said sections if the funds received in such State or Territory be equitably divided as hereinafter set forth: Provided, That in any State in which there has been one college established in pursuance of subchapter I of this chapter, and also in which an educational institution of like character has been established, or may be hereafter established, and is on August 30, 1890, aided by such State from its own revenue, for the education of colored students in agriculture and the mechanic arts, however named or styled, or whether or not it has received money prior to August 30, 1890, under said subchapter I, the legislature of such State may propose and report to the Secretary of Agriculture a just and equitable division of the fund to be received under this subchapter between one college for white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of said sections and subject to their provisions, as much as it would have been if it had been included under subchapter I of this chapter, and the fulfillment of the foregoing provisions shall be taken as a compliance with the provision in reference to separate colleges for white and colored students. (Aug. 30, 1890, ch. 841, 1, 26 Stat. 417; 1939 Reorg. Plan No. 1, 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96 88, title III, 301(a)(2)(E), Oct. 17, 1979, 93 Stat. 677; Pub. L. 97 98, title XIV, 1419, Dec. 22, 1981, 95 Stat. 1306.) - 15 -
TITLE 7 - Section 324 - Time, manner, etc., of annual payments Codification Section constitutes part of section 1 of act Aug. 30, 1890. Remainder of section 1 is classified to section 322 of this title. Transfer of Functions For transfer of functions under this section to Secretary of Agriculture, see note set out under section 321 of this title. 324. Time, manner, etc., of annual payments The sums appropriated by this subchapter to the States and Territories for the further endowment and support of colleges shall be annually paid on or before the 31st day of October of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of Agriculture, out of the Treasury of the United States, to the State or Territorial treasurer, or to such officer as shall be designated by the laws of such State or Territory to receive the same, who shall, upon the order of the trustees of the college, or the institution for colored students, immediately pay over said sums to the treasurers of the respective colleges or other institutions entitled to receive the same, and such treasurers shall be required to report to the Secretary of Agriculture, on or before the 1st day of December of each year, a detailed statement of the amount so received and of its disbursement. The grants of moneys authorized by this subchapter are made subject to the legislative assent of the several States and Territories to the purpose of said grants. (Aug. 30, 1890, ch. 841, 2, 26 Stat. 418; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 94 273, 9(1), Apr. 21, 1976, 90 Stat. 378; Pub. L. 96 88, title III, 301(a)(2)(E), Oct. 17, 1979, 93 Stat. 677; Pub. L. 97 98, title XIV, 1419, Dec. 22, 1981, 95 Stat. 1306.) Amendments 1976 Pub. L. 94 273 substituted October for July and December for September. Transfer of Functions For transfer of functions under this section to Secretary of Agriculture, see note set out under section 321 of this title. Functions of Department of Health, Education, and Welfare and Secretary thereof under this subchapter transferred to Secretary of Education by section 301(a)(2)(E) of Pub. L. 96 88, which is classified to section 3441 (a)(2)(e) of Title 20, Education. Transfer of functions from Secretary of the Interior to Secretary of Health, Education, and Welfare, see note set out under section 321 of this title. 325. State to replace funds misapplied, etc.; restrictions on use of funds; reports by colleges If any portion of the moneys received by the designated officer of the State or Territory for the further and more complete endowment, support, and maintenance of colleges, or of institutions for colored students, as provided in this subchapter, shall, by any action or contingency, be diminished or lost, or be misapplied, it shall be replaced by the State or Territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such State or Territory; and no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. An annual report by the president of each of said colleges shall be made to the Secretary of Agriculture, regarding the condition and progress of each college, including statistical information in relation to its - 16 -