§ 305. — Conditions of grant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
