
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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. 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, 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) Cheyenne River Community College.
        ``(4) D-Q University.
        ``(5) Dullknife Memorial College.
        ``(6) Fond Du Lac Community College.
        ``(7) Fort Belknap Community College.
        ``(8) Fort Berthold Community College.
        ``(9) Fort Peck Community College.
        ``(10) LacCourte Orielles Ojibwa Community College.
        ``(11) Little Big Horn Community College.
        ``(12) Little Hoop Community College.
        ``(13) Nebraska Indian Community College.
        ``(14) Northwest Indian College.
        ``(15) Oglala Lakota College.
        ``(16) Salish Kootenai College.
        ``(17) Sinte Gleska University.
        ``(18) Sisseton Wahpeton Community College.
        ``(19) Standing Rock College.
        ``(20) Stonechild Community College.
        ``(21) Turtle Mountain Community College.
        ``(22) Navajo Community College.
        ``(23) United Tribes Technical College.
        ``(24) Southwest Indian Polytechnic Institute.
        ``(25) Institute of American Indian and Alaska Native Culture 
    and Arts Development.
        ``(26) Crownpoint Institute of Technology.
        ``(27) Haskell Indian Junior College.
        ``(28) Leech Lake Tribal College.
        ``(29) College of the Menominee Nation.
        ``(30) Little Priest Tribal 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 and 
    535, 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 $4,600,000 for each of fiscal years 1996 through 2002. 
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 390(3) of the Carl D. 
        Perkins Vocational and Applied Technology Education Act, as such 
        section was in effect on the day preceding the date of enactment 
        of the Carl D. Perkins Vocational and Applied Technology 
        Education Amendments of 1998 [Oct. 31, 1998]) for each 1994 
        Institution for the fiscal year.
            ``(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) $50,000; 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 2002, 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, 
$1,700,000 for each of fiscal years 1996 through 2002.
``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 2002. 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.
