§ 301. — Land grant aid of colleges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC301]
TITLE 7--AGRICULTURE
CHAPTER 13--AGRICULTURAL AND MECHANICAL COLLEGES
SUBCHAPTER I--COLLEGE-AID LAND APPROPRIATION
Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 882, Apr. 4, 1996, 110
Stat. 1175; Pub. L. 105-185, title II, Sec. 251, title III, Sec. 301(g),
June 23, 1998, 112 Stat. 557, 563; Pub. L. 105-332, Sec. 3(d), Oct. 31,
1998, 112 Stat. 3126; Pub. L. 107-171, title VII, Secs. 7126(f)-7128,
7201(a)-(d), May 13, 2002, 116 Stat. 435-437, 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.
``(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) Salish Kootenai College.
``(23) Sinte Gleska University.
``(24) Sisseton Wahpeton Community College.
``(25) Si Tanka/Huron University.
``(26) Sitting Bull College.
``(27) Southwestern Indian Polytechnic Institute.
``(28) Stone Child College.
``(29) Turtle Mountain Community College.
``(30) United Tribes Technical College.
``(31) White Earth Tribal and Community 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 sections 534,
535, and 536, a 1994 Institution shall certify to the Secretary that
the 1994 Institution--
``(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 2007. 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 College or University 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.--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) 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 2007, 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 2007.
``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 2007. Amounts appropriated shall
remain available until expended.''
Land Grant Colleges in American Samoa, Northern Mariana Islands, and
Trust Territory of the Pacific Islands
Pub. L. 96-374, title XIII, Sec. 1361(c), (d), Oct. 3, 1980, 94
Stat. 1502, as amended by Pub. L. 99-396, Sec. 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 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, Sec. 1361(a), Oct.
3, 1980, 94 Stat. 1501; Pub. L. 99-396, Sec. 9(a), Aug. 27, 1986, 100
Stat. 840, as amended by Pub. L. 102-247, title III, Sec. 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.
