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,
Editorial Notes
Codification
Section constitutes part of section 4 of act Aug. 30, 1890. Remainder of section 4 is classified to
Statutory Notes and Related Subsidiaries
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
Functions of Secretary of Health, Education, and Welfare under this subchapter transferred to Secretary of Education by section 301(a)(2)(E) of
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.
Designation of Central State University as 1890 Institution
"(a)
"(b)
"(1) section 1444 or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
"(2) section 3(d) of the Smith-Lever Act (
"(3) the Renewable Resources Extension Act of 1978 (
"(4)
West Virginia State College at Institute, West Virginia
§322. Annual appropriation
There is annually appropriated, out of any money in the Treasury not otherwise appropriated, to be paid as provided in
(Aug. 30, 1890, ch. 841, §1,
Editorial Notes
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
Amendments
1981—
1907—Act Mar. 4, 1907, substituted "$50,000" for "$25,000", and inserted proviso.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by
Transfer of Functions
For transfer of functions under this section to Secretary of Agriculture, see note set out under
Availability of Funds for Payments Under This Subchapter
§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,
Editorial Notes
Codification
Section constitutes part of section 1 of act Aug. 30, 1890. Remainder of section 1 is classified to
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions under this section to Secretary of Agriculture, see note set out under
§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,
Editorial Notes
Amendments
1976—
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions under this section to Secretary of Agriculture, see note set out under
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
Transfer of functions from Secretary of the Interior to Secretary of Health, Education, and Welfare, see note set out under
§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 receipts and expenditures, its library, the number of its students and professors, and also as to any improvements and experiments made under the direction of any experiment stations attached to said colleges, with their cost and results, and such other industrial and economical statistics as may be regarded as useful, one copy of which shall be transmitted by mail free to all other colleges further endowed under this subchapter.
(Aug. 30, 1890, ch. 841, §3,
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions under this section to Secretary of Agriculture, see note set out under
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
Transfer of functions from Secretary of the Interior to Secretary of Health, Education, and Welfare, see note set out under
§326. Ascertainment and certification of amounts due States; certificates withheld from States; appeal to Congress
On or before the 1st day of October in each year, the Secretary of Agriculture shall ascertain and certify to the Secretary of the Treasury as to each State and Territory whether it is entitled to receive its share of the annual appropriation for colleges, or of institutions for colored students, under this subchapter, and the amount which thereupon each is entitled, respectively, to receive. If the Secretary of Agriculture shall withhold a certificate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of Agriculture. If the next Congress shall not direct such sum to be paid it shall be covered into the Treasury.
(Aug. 30, 1890, ch. 841, §4,
Editorial Notes
Codification
Section constitutes part of section 4 of act Aug. 30, 1890. Remainder of section 4 is classified to
Amendments
1976—
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions under this section to Secretary of Agriculture, see note set out under
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
Transfer of functions from Secretary of the Interior to Secretary of Health, Education, and Welfare, see note set out under
§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
There is appropriated annually, out of funds in the Treasury not otherwise appropriated, for payment to the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau the amount they would be entitled to receive under this subchapter if they were States. Sums appropriated under this section shall be treated in the same manner and be subject to the same provisions of law, as would be the case if they had been appropriated by the first sentence of
(Aug. 30, 1890, ch. 841, §5, as added
Editorial Notes
Codification
"Appropriated by
Amendments
1994—
1988—
1986—
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date
State Consent
§327. Repealed. May 29, 1928, ch. 901, §1(74), 45 Stat. 991
Section, act Aug. 30, 1890, ch. 841, §5,
§328. Power to amend, repeal, etc., reserved
Congress may at any time amend, suspend, or repeal any or all of the provisions of this subchapter.
(Aug. 30, 1890, ch. 841, §6,
§329. Additional appropriation for agricultural colleges
In order to provide for the more complete endowment and support of the colleges in the several States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands entitled to the benefits 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, as amended and supplemented (
(a) For the first fiscal year beginning after the date of enactment of this Act, and for each fiscal year thereafter, $8,250,000; and
(b) For the first fiscal year beginning after the date of enactment of this Act, and for each fiscal year thereafter, $4,380,000.
The sums appropriated in pursuance of paragraph (a) shall be paid annually to the several States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands in equal shares. The sums appropriated in pursuance of paragraph (b) shall be in addition to sums appropriated in pursuance of paragraph (a) and shall be allotted and paid annually to each of the several States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands in the proportion to which the total population of each State, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands bears to the total population of all the States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands as determined by the last preceding decennial census. Sums appropriated in pursuance of this section shall be in addition to sums appropriated or authorized under such Act of July 2, 1862, as amended and supplemented, and shall be applied only for the purposes of the colleges defined in such Act, as amended and supplemented. The provisions of law applicable to the use and payment of sums under the Act entitled "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of an Act of Congress approved July 2, 1862," approved August 30, 1890, as amended and supplemented, shall apply to the use and payment of sums appropriated in pursuance of this section.
(June 29, 1935, ch. 338, title II, §22,
Editorial Notes
References in Text
Act of July 2, 1862, as amended and supplemented (
The words "date of enactment of this Act" appear in par. (a) of section 22 of act June 29, 1935, which was approved on June 29, 1935, and also in pars. (a) and (b) of section 22 of act June 29, 1935, as amended by
Act of August 30, 1890, as amended and supplemented, referred to in text, is act Aug. 30, 1890, ch. 841,
Codification
Section was not enacted as part of the act Aug. 30, 1890, which comprises this subchapter.
Section was formerly classified to
Amendments
1986—
1972—
1968—
1960—
1952—Opening par. Act June 12, 1952, §1, made section applicable to Alaska.
Par. (a). Act June 12, 1952, §2, increased allotment from $980,000 to $1,000,000.
Par. (b). Act June 12, 1952, §§3, 4, increased additional allotment of $1,500,000 to $1,501,500, and made said par. applicable to Alaska.
Statutory Notes and Related Subsidiaries
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1952 Amendment
Act June 12, 1952, ch. 419, §5,