Second Morrill Act of 1890
Act of August 30, 1890, ch. 841, 26 Stat.
417, 7 U.S.C. 322 et seq.
Chap. 841.--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 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,
arising from the sales of public lands;
to be paid as hereinafter provided to
each State and Territory for the more
complete endowment and maintenance of
colleges for the benefit of agriculture
and the mechanic arts now established,
or which may be hereafter established,
in accordance with an act of Congress
approved July second, eighteen hundred
and sixty-two, the sum of fifteen thousand
dollars for the year ending June thirtieth,
eighteen hundred and ninety, and an annual
increase of the amount of such appropriation
thereafter for ten years by an additional
sum of one thousand dollars over the
preceding year, and the annual amount
to be paid thereafter to each State and
Territory shall be fifty thousand dollars
to be applied only to instruction in
food and agricultural sciences (1) 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: (2) Provided , (3) 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 now aided by such State from its
own 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 heretofore
under the act to which this act is an
amendment, the legislature of such State
may propose and report to the Secretary
of Education (4) 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. (5)
SEC. 2. (6) 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 Education, 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 the Secretary of Agriculture
and to the Secretary of Education, 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
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 Treasury.
SEC. 3. (7) 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 Education,
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 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.
SEC. 4. (8) That on
or before the first day of October in each
year, after the passage of this act, the
Secretary of Education 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 Education 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 Education. 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. (9)
SEC. 5. (10) There
is authorized to be appropriated annually
for payment to the Virgin Islands, American
Samoa, (11) Guam, the
Northern Mariana Islands, and the Trust
Territory of the Pacific Islands (other
than the Northern Mariana Islands) 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.
SEC. 6. (12) Congress
may at any time amend, suspend, or repeal
any or all of the provisions of this Act.
(1) The National Agricultural
Research, Extension, and Teaching Policy
Act Amendments of 1981, Public Law
97-98, 95 Stat. 1306, section 1421(a),
amended the first section by deleting
the words "agriculture, the mechanic
arts," and all that follows through "industries
of life" and inserting in lieu thereof
the words "food and agricultural sciences".
(2) 7 U.S.C. 322. The Act
of March 4, 1907, ch. 2907, 34 Stat.
1281, increased the amount appropriated
annually from $25,000 to $50,000 and
added the proviso.
(3) 7 U.S.C. 323.
(4) The words "Secretary
of Education" are inserted on authority
of the Department of Education Organic
Act, Public Law 96-85, section 310,
93 Stat. 677. The Agriculture and Food
Act of 1981, Public Law 97-98, 95 Stat.
1306, section 1419, transferred to the
Secretary of Agriculture all the functions
and duties of the Secretary of Education
under the Act of August 30, 1890.
(5) The National Agricultural
Research, Extension, and Teaching Policy
Act Amendments of 1981 , Public Law
97-98, 95 Stat. 1312, section 1433, provided
authority to award grants to upgrade
1890 land-grant college research facilities.
(6) 7 U.S.C. 324. The
proviso at the end of section 2 is omitted
from U.S.C. For authority for insertion
of "Secretary of Education", see footnote
4. The Act of April 21, 1976, Public Law
94-273, 90 Stat. 378, section 9(l), substituted
the words "October" and "December" for
the words "July" and "September".
(7) 7 U.S.C. 325. For
authority for insertion of "Secretary of
Education", see footnote 4.
(8) 7 U.S.C. 326. The
Act of April 21, 1976, Public Law 94-273,
90 Stat. 376, section 3(l), deleted "July" and
inserted "October". For authority for insertion
of "Secretary of Education", see footnote
4.
(9) 7 U.S.C. 321. For
authority for insertion of "Secretary of
Education", see footnote 4.
(10) 7 U.S.C. 326a. Added
by the Act of June 23, 1972, Public Law
92-318, 86 Stat. 350, section 506(c). Original
section 5 of the Act of August 30, 1890,
with respect to annual reports by the Secretary
of the Interior was repealed by the Act
of May 29, 1928, 45 Stat. 99, section 74.
(11) Amended by the Education
Amendments of 1980, Public Law 96-374,
94 Stat. 1502, section 1361(b), to add "American
Samoa, and Micronesia". Further amended
by the Act of August 27, 1986, Public
Law 99-396, 100 Stat. 840, section 9(b),
to delete "and Micronesia, and Guam" and
insert "Guam, the Northern Mariana Islands,
and the Trust Territory of the Pacific
Islands (other than the Northern Mariana
Islands)".
(12) 7 U.S.C. 328. |