7 U.S.C. § 321 — Secretary of Agriculture to administer an-

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.