7 U.S.C. § 322 — Annual appropriation

Page 371 TITLE 7—AGRICULTURE § 322 SUBCHAPTER II—COLLEGE-AID ANNUAL APPROPRIATION § 321. Secretary of Agriculture to administer an- nual college-aid appropriation The Secretary of Agriculture is charged with the proper administration of this subchapter. (Aug. 30, 1890, ch. 841, § 4, 26 Stat. 419; 1939 Reorg. Plan No. 1, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title III, § 301(a)(2)(E), Oct. 17, 1979, 93 Stat. 677; Pub. L. 97–98, title XIV, § 1419, Dec. 22, 1981, 95 Stat. 1306.) Editorial Notes CODIFICATION Section constitutes part of section 4 of act Aug. 30, 1890. Remainder of section 4 is classified to section 326 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE Act Aug. 30, 1890, as amended, which is classified to this subchapter, is popularly known as the ‘‘Agricul- tural College Act of 1890’’ and also as the ‘‘Second Mor- rill 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 trans- ferred 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 Ap- pendix to Title 5, Government Organization and Em- ployees. Federal Security Agency and office of Admin- istrator abolished by section 8 of 1953 Reorg. Plan No. 1. Prior to July 1, 1939, functions of Secretary of the In- terior under this subchapter were carried out through Office of Education of Department of the Interior. Of- fice of Education and its functions transferred to Fed- eral Security Administrator by section 204 of 1939 Reorg. Plan No. 1, set out in the Appendix to Title 5. DESIGNATION OF CENTRAL STATE UNIVERSITY AS 1890 INSTITUTION Pub. L. 113–79, title VII, § 7129, Feb. 7, 2014, 128 Stat. 880, provided that: ‘‘(a) DESIGNATION.—Any provision of a Federal law re- lating 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 Central State University. ‘‘(b) FUNDING RESTRICTION.—Notwithstanding the des- ignation under subsection (a), for fiscal years 2014 and 2015, Central State University shall not be eligible to receive formula funds under— ‘‘(1) section 1444 or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221 and 3222); ‘‘(2) section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)) to carry out the national education program established under section 1425 of the National Agri- cultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175); ‘‘(3) the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.); or ‘‘(4) Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).’’ WEST VIRGINIA STATE COLLEGE AT INSTITUTE, WEST VIRGINIA Pub. L. 107–76, title VII, § 753, Nov. 28, 2001, 115 Stat. 740, provided that: ‘‘Hereafter, any provision of any Act of Congress relating to colleges and universities eligi- ble 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 Teach- ing Policy Act of 1977 (7 U.S.C. 3222d) for fiscal year 2002 for West Virginia State College if the Secretary deter- mines the State of West Virginia will be unlikely to satisfy the matching requirement.’’ § 322. Annual appropriation There is annually appropriated, out of any money in the Treasury not otherwise appro- priated, to be paid as provided in section 324 of this title, to each State and Territory for the more complete endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts established in accordance with the provisions of subchapter I of this chapter, $50,000 to be applied only to instruction in food and agricultural sciences, 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 instruc- tors for teaching the elements of food and agri- cultural sciences. (Aug. 30, 1890, ch. 841, § 1, 26 Stat. 417; Mar. 4, 1907, ch. 2907, 34 Stat. 1281, 1282; Pub. L. 97–98, title XIV, § 1421, Dec. 22, 1981, 95 Stat. 1306.) Editorial Notes CODIFICATION Section is based on a part of section 1 of act Aug. 30, 1890, and the tenth and eleventh pars. under the head- ing ‘‘Emergency Appropriations’’ of act Mar. 4, 1907. Remainder of section 1 of act Aug. 30, 1890, is classified to section 323 of this title. AMENDMENTS 1981—Pub. L. 97–98 substituted ‘‘food and agricultural sciences’’ for ‘‘agriculture, the mechanic arts, the English language, and the various branches of mathe- matical, physical, natural, and economic science, with special reference to their applications in the industries of life’’ and ‘‘the elements of food and agricultural sciences’’ for ‘‘the elements of agriculture and the me- chanic arts’’. 1907—Act Mar. 4, 1907, substituted ‘‘$50,000’’ for ‘‘$25,000’’, and inserted proviso. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. TRANSFER OF FUNCTIONS For transfer of functions under this section to Sec- retary of Agriculture, see note set out under section 321 of this title. Page 372 TITLE 7—AGRICULTURE § 323 AVAILABILITY OF FUNDS FOR PAYMENTS UNDER THIS SUBCHAPTER Pub. L. 103–330, title VII, § 724, Sept. 30, 1994, 108 Stat. 2469, provided that: ‘‘No funds shall be available in fis- cal year 1995 and thereafter for payments under the Act of August 30, 1890 and the tenth and eleventh para- graphs under the heading ‘Emergency Appropriations’ of the Act of March 4, 1907 (7 U.S.C. 321 et seq.).’’ § 323. Racial discrimination by colleges restricted No money shall be paid out under this sub- chapter to any State or Territory for the sup- port or maintenance of a college where a dis- tinction of race or color is made in the admis- sion 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 said sections 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 sub- chapter I of this chapter, and also in which an educational institution of like character has been established, or may be hereafter estab- lished, and is on August 30, 1890, aided by such State from its own revenue, for the education of colored students in agriculture and the me- chanic arts, however named or styled, or wheth- er or not it has received money prior to August 30, 1890, under said subchapter I, the legislature of such State may propose and report to the Sec- retary of Agriculture a just and equitable divi- sion of the fund to be received under this sub- chapter between one college for white students and one institution for colored students estab- lished as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be en- titled to the benefits of said sections and subject to their provisions, as much as it would have been if it had been included under subchapter I of this chapter, and the fulfillment of the fore- going provisions shall be taken as a compliance with the provision in reference to separate col- leges for white and colored students. (Aug. 30, 1890, ch. 841, § 1, 26 Stat. 417; 1939 Reorg. Plan No. 1, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title III, § 301(a)(2)(E), Oct. 17, 1979, 93 Stat. 677; Pub. L. 97–98, title XIV, § 1419, Dec. 22, 1981, 95 Stat. 1306.) Editorial Notes CODIFICATION Section constitutes part of section 1 of act Aug. 30, 1890. Remainder of section 1 is classified to section 322 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions under this section to Sec- retary of Agriculture, see note set out under section 321 of this title. § 324. Time, manner, etc., of annual payments The sums appropriated by this subchapter to the States and Territories for the further endow- ment and support of colleges shall be annually paid on or before the 31st day of October of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of Agriculture, 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 college, or the institution for colored students, immediately pay over said sums to the treasurers of the re- spective colleges or other institutions entitled to receive the same, and such treasurers shall be required to report to the Secretary of Agri- culture, on or before the 1st day of December of each year, a detailed statement of the amount so received and of its disbursement. The grants of moneys authorized by this subchapter are made subject to the legislative assent of the sev- eral States and Territories to the purpose of said grants. (Aug. 30, 1890, ch. 841, § 2, 26 Stat. 418; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 94–273, § 9(1), Apr. 21, 1976, 90 Stat. 378; Pub. L. 96–88, title III, § 301(a)(2)(E), Oct. 17, 1979, 93 Stat. 677; Pub. L. 97–98, title XIV, § 1419, Dec. 22, 1981, 95 Stat. 1306.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–273 substituted ‘‘October’’ for ‘‘July’’ and ‘‘December’’ for ‘‘September’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions under this section to Sec- retary of Agriculture, see note set out under section 321 of this title. Functions of Department of Health, Education, and Welfare and Secretary thereof under this subchapter transferred to Secretary of Education by section 301(a)(2)(E) of Pub. L. 96–88, which is classified to sec- tion 3441(a)(2)(E) of Title 20, Education. Transfer of functions from Secretary of the Interior to Secretary of Health, Education, and Welfare, see note set out under section 321 of this title. § 325. State to replace funds misapplied, etc.; re- strictions on use of funds; reports by colleges If any portion of the moneys received by the designated officer of the State or Territory for the further and more complete endowment, sup- port, and maintenance of colleges, or of institu- tions for colored students, as provided in this subchapter, 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 ap- propriation shall be apportioned or paid to such State or Territory; and no portion of said mon- eys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erec- tion, preservation, or repair of any building or buildings. An annual report by the president of each of said colleges shall be made to the Sec- retary of Agriculture, regarding the condition and progress of each college, including statis- tical information in relation to its receipts and