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SEC. 6. ***

(7 U.S.C. 306) Enacted July 2, 1862, ch. 130, sec. 6, 12 Stat. 505; repealed Dec. 16, 1930, P.L. 547, 71st Cong., sec. 1, 46 Stat. 1028.

SEC. 7. And be it further enacted, That land officers shall receive the same fees for locating land scrip issued under the provisions of this act as is now allowed for the location of military bounty land warrants under existing laws: Provided, That their maximum compensation shall not be thereby increased.

(7 U.S.C. 307) Enacted July 2, 1862, ch. 130, sec. 7, 12 Stat. 505.

SEC. 8. And be it further enacted, That the governors of the several States to which scrip shall be issued under this act shall be required to report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds.

(7 U.S.C. 308) Enacted July 2, 1862, ch. 130, sec. 8, 12 Stat. 505.

LEGISLATIVE HISTORY

FIRST MORRILL ACT

37th Congress*-S. 298: Reported, p. 496, May 16, 1862; amended and passed Senate, p. 628, June 10, 1862. Passed House, p. 880, June 17, 1862. Approved, p. 473, July 2, 1862.

Amendments (amends First Morrill)

38th Congress*-S. 12: Passed Senate, p. 118, Jan. 2, 1864. House reported, p. 428, Mar. 25, 1864. Passed House, p. 504, Mar. 25, 1864.

39th Congress*-H.R. 50: House reported, p. 161, Jan. 18, 1866; second report, with amendment, p. 441, Mar. 21, 1866; third report, with amendment, p. 538, Apr. 10, 1866; fourth report, with amendment, p. 542, Apr. 11, 1866. Amended and passed, p. 543, Apr. 11, 1866. Senate reported, p. 626, July 7, 1866. Amended and passed, p. 636. July 11, 1866. House concurred with Senate amendment, p. 1044, July 18, 1866. Approved, p. 1088, July 23, 1866.

42d Congress*-S. 964: Senate report, p. 541, April 12, 1872. Passed Senate, p. 636, Apr. 30, 1872. House reported without amending, Jan. 16, 1873. Passed House, p. 182, Jan. 16, 1873. Approved, p. 182, Mar. 3, 1872.

47th Congress*-S. 1829: Senate reported, p. 879, June 27, 1882. Amended and passed Senate, p. 879, June 27, 1882. Passed House, p. 539, Mar. 2, 1883. Approved, p. 655, Mar. 3, 1883.

SECOND MORRILL ACT

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 mechanic arts established under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be, and hereby is, annually appropriated, out of any money in the Treasury not otherwise appropriated, to be paid as hereinafter provided, to each State and Territory for the more complete endowment and maintenance of agricultural colleges now established, or which may hereafter be established, in accordance with the act of Congress approved July second, eighteen hundred and sixty-two, and the act of Congress

*Asterisks refer to page numbers in House and Senate Journals.

44-078 O-75-29

appproved August thirtieth, eighteen hundred and ninety, the sum of five thousand dollars, in addition to the sums named in said act for the fiscal year ending June thirtieth, nineteen hundred and eight, and an annual increase of the amount of such appropriation thereafter for four years by an additional sum of five thousand dollars over the preceding year, and the annual sum to be paid thereafter to each State and Territory shall be fifty thousand dollars, to be applied only to instruction in agriculture, the mechanic arts, the English language and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction: Provided, That said colleges may use a portion of this money for providing courses for the special preparation of instructors for teaching the elements of agriculture and the mechanic arts: Provided, That no money shall be paid out under this act to any State or Territory for the support and 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 this act 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 the act of July second, eighteen hundred and sixty-two, 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 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 the said act, the legislature of such a State may propose and report to the Secretary of Health, Education, and Welfare a just and equitable division of the fund to be received under this act 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 this act and subject to its provisions, as much as it would have been if it had been included under the act of eighteen hundred and sixty-two, 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.

(7 U.S.C. 322, 323) Enacted Aug. 30, 1890, ch. 841, sec. 1, 26 Stat. 417; amended Mar. 4, 1907, P.L. 242, 59th Cong., 34 Stat. 1282; authority transferred with the Office of Education to the Federal Security Agency July 1, 1939, 1939 Reorg. Plan No. 1, secs. 201, 204, 4 F.R. 2728, 53 Stat. 1424; transferred to the Dept. of H.E.W. Apr. 11, 1953, 1953 Reorg. Plan No. 1, secs. 5, 8, 18 F.R. 2053, 67 Stat. 631.

SEC. 2. That the sums hereby appropriated to the States and Territories for the further endowment and support of colleges shall be annually paid on or before the thirty-first day of July of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of Health, Education, and Welfare, 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 colleges, 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 and to the Secretary of Health, Education, and Welfare, on or before the first day of September of each year, detailed statement of the amount so received and of its disbursement. The grants of moneys authorized by this Act are made subject to the legislative assent of the several States and Territories to the purpose of said grants: Provided, That payments of such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session of legislature meeting next after the passage of this Act shall be made upon the assent of the governor thereof, duly certified to the Secretary of the Treasurer.

(7 U.S.C. 324) Enacted Aug. 30, 1890, ch. 841, sec. 2, 26 Stat. 418.

SEC. 3. That 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 act, 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, as well as to the Secretary of Health, Education, and Welfare, 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 costs 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 act.

(7 U.S.C. 325) Enacted Aug. 30, 1890, ch. 841, sec. 3, 26 Stat. 418.

SEC. 4. That on or before the first day of July in each year, after the passage of this act, the Secretary of Health, Education, and Welfare 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 act, and the amount which thereupon each is entitled, respectively, to receive. If the Secretary of Health, Education, and Welfare shall withhold a certificate for any State or Territory of its appropriation, the fact 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 Health, Education, and Welfare. If the next Congress shall not direct such sum to be paid, it shall be covered into the Treasury. And the Secretary of Health, Education, and Welfare is hereby charged with the proper administration of this law.

(7 U.S.C. 321, 326) Enacted Aug. 30, 1890, ch. 841, sec. 4, 26 Stat. 419.

SEC. 5. There is authorized to be appropriated annually for payment to the Virgin Islands and Guam the amount they would receive under this Act 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 this Act.

(7 U.S.C. 327) Enacted June 23, 1972, P.L. 92-318, sec. 506 (c), 86 Stat. 350. SEC. 6. Congress may at any time amend, suspend, or repeal any or all of the provisions of this act.

(7 U.S.C. 328) Enacted Aug. 30, 1890, ch. 841, sec. 5, 26, Stat. 419.

LEGISLATIVE HISTORY

SECOND MORRILL ACT

51st Congress-S. 3714; S. Rept. 1028, p. 4821; amended and passed Senate, p. 6372, June 23, 1890, H. Rept. 2697, p. 7228; amended and passed House, p. 8839, Aug. 19, 1890. Senate concurs in House amendment, p. 8874, Aug. 20, 1890. Approved, p. 9388. Aug. 28, 1890.

59th Congress-P.L. 59-242, H.R. 24815; H. Rept. 6597; amended and passed House, p. 1987, Jan. 30, 1907. S. Rept. 6829; amended and passed Senate, p. 3888, Feb. 25, 1907. Second Conference report agreed to: p. 4531, Mar. 2, 1907; p. 4545, Mar. 3, 1907. Approved Mar. 4, 1907.

70th Congress-H.R. 12064 (repeals sec. 5 of Second Morrill Act, P.L. 70-611): H. Rept. 1757, p. 9134; amended and passed House, p. 9417, May 21, 1928. S. Rept. 1320, p. 10204; amended and passed Senate, p. 10616, May 29, 1928. House concurs in Senate amendment, p. 10741, May 29, 1928. Approved May 29, 1928, p. 10888.

BANKHEAD-JONES ACT

AN ACT Providing for research into basic laws and principles relating to agriculture, further development of cooperative agricultural extension work, and more complete endowment and support of land-grant colleges.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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SEC. 22. In order to provide for the more complete endowment and support of the colleges in the several States, Puerto Rico, the Virgin Islands, and Guam 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 acts," approved July 2, 1862, as amended and supplemented (7 U.S.C. 301– 328), there are hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriate, the following

amounts:

(a) For the first fiscal year beginning after the date of enactment of this Act, and for each fiscal year thereafter, $8,100,000; and

(b) For the first fiscal year beginning after the date of enactment of this Act, and for each fiscal year thereafter $4,360,000.

The sums appropriated in pursuance of paragraph (a) shall be paid annually to the several States, Puerto Rico, the Virgin Islands, and Guam 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, and Guam in the proportion to which the total population of each State, Puerto Rico, the Virgin Islands, and Guam bears to the total population of all the

States, Puerto Rico, the Virgin Islands, and Guam 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.

(7 U.S.C. 329) Enacted June 29, 1935. P.L. 182, 74th Cong., sec. 22, 49 Stat. 439; amended June 29, 1952, P.L. 390, 82nd Cong., secs. 1-4, 66 Stat. 135, amended July 14, 1960, P.L. 86-658, sec. 1, 74 Stat. 525; amended June 23, 1972, P.L. 92-318, sec. 506(d), 86 Stat. 350, 351.

EDUCATION AMENDMENTS OF 1972 (PUBLIC LAW 92-318)

LAND-GRANT STATUS FOR THE COLLEGE OF THE VIRGIN ISLANDS

AND THE UNIVERSITY OF GUAM

SEC. 506. (a) The College of the Virgin Islands and the University of Guam shall be considered land-grant colleges established for the benefit of 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 and Guam 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 for 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. Amounts appropriated pursuant to this section shall be held and considered to have been granted to the Virgin Islands and Guam subject to the provisions of that Act applicable to the proceeds from the sale of land or land scrip.

Enacted June 23, 1972, P.L. 92-318, sec. 506, 86 Stat. 350.

PART IV-EDUCATIONAL RESEARCH, EXPERIMENTATION, AND NATIONAL EDUCATION PRIORITIES

COOPERATIVE RESEARCH ACT (P.L. 531, 83RD CONG.), AS AMENDED 1 AN ACT To authorize cooperative research in education

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

PURPOSE

SEC. 1. The purpose of this Act is to enable the Office of Education more effectively to accomplish the purposes and to perform the duties for which it was originally established.

1 Effective July 1, 1975, the Cooperative Research Act is replaced by the provisions of the Special Projects Act, q.v.

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