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 August 30, 1890, ch. 841, sec. 1, 26 Stat. 417; amended March 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. April 11, 1953, 1953 Reorg. Plan No. 1, secs. 5, 8, 18 F.R. 2053, 67 Stat. 631; amended P.L. 97-98. 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 October of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of the Interior, 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 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 the Interior, on or before the first 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 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 approtion 1 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 Treasury. (7 U.S.C. 324) Enacted August 30, 1890, ch. 841, sec. 2, 26 Stat. 418; amended April 21, 1976, P.L. 94-273, sec. 9(1), 90 Stat. 378. 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 the Interior, 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 ex 1 So in law. periments made under the direction of any experiment stations attached to said colleges, with their cost 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 August 30, 1890, ch. 841, sec. 3, 26 Stat. 418. SEC. 4. That on or before the first day of October in each year, after the passage of this act, the Secretary of the Interior 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 the Interior shall withhold a certificate from any State or Territory of its appropriation the facts 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 the Interior. If the next Congress shall not direct such sum to be paid it shall be covered into the Treasury. And the Secretary of the Interior is hereby charged with the proper administration of this law.1 (7 U.S.C. 321, 326) Enacted August 30, 1890, ch. 841, sec. 4, 26 Stat. 419, amended April 21, 1976, P.L. 94-273, sec. 3(1), 90 Stat. 376. 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 August 30, 1890, ch. 841, sec. 5, 26 Stat. 419. SEC. 5.2 There is appropriated annually, out of funds in the Treasury not otherwise appropriated, for payment to the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau the amount they would be entitled to 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 section 1. (7 U.S.C. 326a) Enacted June 23, 1972, P.L. 92-318, sec. 506(c), 86 Stat. 350; amended October 3, 1980, P.L. 96-374, sec. 1361(b), 94 Stat. 1502; amended Aug. 27, 1986, P.L. 99-396, sec. 9(b), 100 Stat. 840; amended June 17, 1988, P.L. 100339, sec. 2, 102 Stat. 621; October 20, 1994, P.L. 103-382, sec. 352, 108 Stat. 3966. 1 Administration of the Second Morrill Act transferred to the Secretary of Agriculture by section 1419 of the National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1981 (title XIV of P.L. 97-98; 7 U.S.C. 3101 note). 2 This section 5 was first added at the end of the Act of August 30, 1890 (Second, Morrill Act; (therefore after section 6)) by section 506(c) of P.L. 92-318 (86 Stat. 350). The 1988 amendment (P.L. 100-339, sec. 2) did not change the placement of the section. "Emergency Appropriations" of the Act of March 4, 1907 (7 U.S.C. 322; 34 Stat. 1281) EMERGENCY APPROPRIATIONS. 1 [10th Paragraph 7 U.S.C. 322] 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 approved August thirtieth, eighteen hundred and ninety, the sum of five thousand dollars, in addition to the sums named in the 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 for the purposes of the agricultural colleges as defined and limited in the Act of Congress approved July second, eighteen hundred and sixty-two, and the Act of Congress approved August thirtieth, eighteen hundred and ninety. [11th Paragraph 7 U.S.C. 322] That the sum hereby appropriated to the States and Territories for the further endowment and support of the colleges shall be paid by, to, and in the manner prescribed by the Act of Congress approved August thirtieth, eighteen hundred and ninety, 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 mechanic arts established under the provisions of the Act of Congress approved July second, eighteen hundred and sixty-two," and the expenditure of the said money shall be governed in all respects by the provisions of the said Act of Congress approved July second, eighteen hundred and sixty-two, and the said Act of Congress approved August thirtieth, eighteen hundred and ninety: 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 food and agricultural sciences. 1 Section 724 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1995 (Public Law 103-330; 108 Stat. 2469; 7 U.S.C. 322 note) provides as follows: "No funds shall be available in fiscal year 1995 and thereafter for payments under the Act of August 30, 1890 and the tenth and eleventh paragraphs under the heading 'Emergency Appropriations' of the Act of March 4, 1907 (7 U.S.C. 321 et seq.).". Sec. 1421 EMERGENCY APPROPRIATIONS ACT OF MARCH 4, 1907 [Note: Example of Amending 2nd Morrill Act. Section 1421 of the REDESIGNATION OF INSTRUCTION FUNDING 8-152 SEC. 1421. (a) The first section of the Act of August 30, 1890 (7 U.S.C. 322) is amended by striking out "agriculture," and all that follows through "industries of life" and inserting in lieu thereof "food and agricultural sciences." (b) The eleventh paragraph under the heading "Emergency Appropriations." of the Act of March 4, 1907 (7 U.S.C. 322) is amended by striking out "agriculture and mechanic arts" the second place it appears and inserting in lieu thereof "food and agricultural sciences". |