
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC305]

 
                          TITLE 7--AGRICULTURE
 
            CHAPTER 13--AGRICULTURAL AND MECHANICAL COLLEGES
 
              SUBCHAPTER I--COLLEGE-AID LAND APPROPRIATION
 
Sec. 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, 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, Sec. 5, 12 Stat. 504; July 23, 1866, ch. 209, 14 
Stat. 208; Mar. 3, 1873, ch. 231, Sec. 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 304 of this title.
