§ 321. —  Secretary of Agriculture to administer annual collegeaid appropriation.


[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 7USC321]

 
                          TITLE 7--AGRICULTURE
 
            CHAPTER 13--AGRICULTURAL AND MECHANICAL COLLEGES
 
             SUBCHAPTER II--COLLEGE-AID ANNUAL APPROPRIATION
 
Sec. 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, Sec. 4, 26 Stat. 419; 1939 Reorg. Plan No. 1, 
Secs. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 
Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 
Stat. 631; Pub. L. 96-88, title III, Sec. 301(a)(2)(E), Oct. 17, 1979, 
93 Stat. 677; Pub. L. 97-98, title XIV, Sec. 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, Sec. 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.''


                            Reclamation Fund

    Moneys received from the sale and disposal of public lands in 
certain States and Territories were appropriated to a ``reclamation 
fund'', for the reclamation of arid and semi-arid lands, by the 
Reclamation Act of June 17, 1902, ch. 1093, Sec. 1, 32 Stat. 388, and, 
by a proviso annexed to that section, in case the receipts from the sale 
and disposal of other public lands are insufficient to meet the 
requirements for the support of agricultural colleges under this act, 
the sum necessary is to be provided from any moneys in the Treasury not 
otherwise appropriated. See section 391 et seq. of Title 43, Public 
Lands.






























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