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The Land-Grant Tradition.National Association of State Universities and LandGrant Colleges, Washington, D.C.Mar 9530p.National Association of State Universitles and LandGrant Colleges, One Dupont Circle, N.W., Suite 710,Washington, DC 20036-1191.Reports Descriptive (141) Information Analyses

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MF01/PCO2 Plus Postage.*Educational History; Educational Legislation;Federal Aid; *Federal Legislation; Government SchoolRelationship; Higher Education; *Land GrantUniversities; State Colleges; State Universities;Tribally Controlled Education

IDENTIFIERS Hatch Act; Improving Americas Schools Act 1994;Morrill (Justin S); Morrill Act 1862; Morrill Act1890; National Assn of State Univ and Land GrantColl; Smith Lever Act; University of the District ofColumbia

ABSTRACTThis publication is a source of basic information

about the history and current workings of the land-grant universitysystem. The first section briefly describes the nature of land grantuniversities as institutions that have been designated by statelegislatures or Congress to receive the benefits of the Morrill Actsof 1862 and 1890. Their original mission was to teach agri6ulture,military tactics, and the mechanical arts as well as classicalstudies to the industrial classes. This section also describes theirrationale, locations, and the work of Justin Smith Morrill whointroduced the founding legislation. The next section describes thedevelopment of these institutions from 1862 to 1994 covering theirpurpose, federal funding, and later additions to the land-grantsystem (University of the District of Columbia, institutions in theterritories, and the tribal colleges). There follows a chronology offederal legislation affecting higher education from 1787 to 1994, anda list of 105 land-grant colleges and universities grouped by state.A further section provides key passages of text from the FirstMorrill Act, the Second Morrill Act, the Hatch Act of 1887, theSmith-Lever Act of 1914, and the Improving America's School Act of1994. Final sections list 15 suggested readings and offer key factsabout the National Association of State Universities and Land GrantColleges. (Contains 15 references.) (JB)

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Contents

What is NASULGC 2

What is a Land-Grant College? 3

Development of the Land-Grant System:1862-1995 5

A Chronology of Federal Legislation AffectingPublic Higher Education 8

The 105 Land-Grant Colleges and Universities(March 1995) 10

Text of Federal Legislation Relating toLand-Grant Colleges and Universities 12

First Morrill Act 12

Second Morrill Act 14

Hatch Act 18

Smith-Lever Act 21

Land-Grant Status Act of 1994 (Tribal Colleges) 23

For Further Reading 26

NASULGC Facts 27

Lill What is NASULGC?

Founded in 1887, the National Association of StateUniversities and Land-Grant Colleges (NASULGC) isthe nation's oldest higher education association. Avoluntary association of public research universities,land-grant institutions and many state university sys-tems, NASULGC's membership includes 181 institu-tions located in all 50 states, the U.S. territories andthe District of Columbia. Its member campuses enrollmore than 2.9 million students and claim upwards of20 million alumni. NASULGC institutions awardapproximately a half-million degrees annually, includ-ing about one-third of all bachelor's and master'sdegrees, 60 percent of all U.S. doctoral degrees, and70 percent of the nation's engineering degrees.

This collection of information represents NASULGC'seffort to gather in one place the answers to fre-quently-asked questions about America's land-grantcolleges and universities. It is intended to be used asa source of basic information about the history andcurrent workings of the land-grant university system,rather than to serve as a complete and definitiveguide on the subject.

We hope you find this information interesting anduseful and welcome your comments or suggestions onadditional information you'd like to see included inthe future. Please write to:Office of Public AffairsNASULGCOne Dupont Circle, NW, Suite 710Washington, DC 20036-1191

Or call:

Office of Public AffairsNASULGCPhone: 202-778-0842Fax: 202-296-6456

March 1995

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WWhat Is a Land-Grant College?

WHAT: A land-grant college or university is an insti-tution that has been designated by its state legislatureor Congress to receive the benefits of the Morrill Actsof 1862 and 1890. The original mission of these insti-tutions, as set forth in the first Morrill Act, was toteach agriculture, military tactics, and the mechanicarts as well as classical studies so that members of theworking classes could obtain a liberal, practical educa-tion.

Over the years, land-grant status has implied sev-eral types of federal support. The first Morrill Act pro-vided grants in the form of federal lands to each stattfor the establishment of a public institution to fulfillthe act's provisions. At different times money wasappropriated through legislation such as the secondMorrill Act and the Bankhead-Jones Act, althoughthe funding provisions of these acts are no longer ineffect. Today, the Nelson Amendment to the MorrillAct provides a permanent annual appropriation of$50,000 per state and territory.

. A key component of the land-grant system is theagricultural experiment station program created bythe Hatch Act of 1887. The Hatch Act authorizeddirect payment of federal grant funds to each state toestablish an agricultural experiment station in con-nection with the land-grant institution there. Theamount of this appropriation varies from year to yearand is determined for each state through a formulabased on the number of small farmers there. A majorportion of the federal funds must be matched by thestate.

To disseminate information gleaned from theexperiment stations' research, the Smith-Lever Act of1914 created a Cooperative Extension Service associ-ated with each U.S. land-grant institution. This actauthorized ongoing federal support for extension ser-vices, using a formula similar to the Hatch Act's todetermine the amount of the appropriation. This actalso requires that the states provide matching funds inorder to receive the federal monies.

WHY: Passage of the First Morrill Act (1862)reflected a growing demand for agricultural and tech-nical education in the United States. While a numberof institutions had begun to expand upon the tradi-tional classical curriculum, higher education was stillwidely unavailable to many agricultural and industrial

workers. The Morrill Act was intended to provide abroad segment of the population with a practical edu-cation t' t had direct relevance to their daily lives.

Th ,econd Morrill Act (1890) sought to extendaccess to higher education by providing additionalendowments for all land-grants, but prohibiting distri-bution of money to states that made distinctions ofrace in admissions. However, states that provided aseparate land-grant institution for blacks were eligibleto receive the funds. The institutions that, as a resultof this act, were founded or designated the land-grantfor blacks in each of the then-segregated Southernstates came to be known as "the 1890 land-grants."The 29 Native American tribal colleges are sometimescalled the "1994 land-grants.'

WHERE: There is now at least one land-grant insti-tution in every state and territory of the UnitedStates, as well aF the District of Columbia. CertainSouthern states have two land-grant institutions as aresult of the Second Morrill Act, and some westernand plains states have several of the 1994 land-granttribal colleges.

WHO: Justin Smith Morrill, a representative andlater a senator from Vermont, sponsored the land-grant legislation that bears his name and is generallycredited as having secured its passage. Prior to Mor-rill's support for land-grant legislation, Jonathan Bald-win Turner, a Yale-educated farmer, newspaper editor,and college professor, made education for the workingclass his cause in the mid-nineteenth century. His"Plan for a State University for the Industrial Classes"advanced ideas that are now fundamental to the land-grant system, such as experimental research in agri-culture.

WHEN: Morrill first introduced a land-grant bill inCongress in 1857, which after much struggle waspassed in 1859 only to be vetoed by President JamesBuchanan. In 1861 Morrill introduced another land-grant bill that increased to 30,000 acres the grant foreach senator and representative and added a require-ment that recipient institutions teach military tactics.The newly felt need for trained military officers tofight in the Civil War, along with the absence ofSouthern legislators who had opposed the earlier bill,

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helped the Morrill Act through Congress in just sixmonths. President Abraham Lincoln signed it into lawon July 2, 1862.

HOW: The United States Department of Agricultureplays a large role in the administration of federal land-grant funds and the coordination of agricultural land-grant activities at the national level. The USDA'sCooperative State Research Service (CSRS), for exam-ple, administers both Hatch Act and Morrill-Nelsonfunds. A portion of the Hatch Act funding supportsregional research, enabling scientists to collaborateand coordinate activities and thus avoid duplication ofresearch efforts. The Extension Service of the USDAadministers Smith-Lever funding, cooperating withstate governments (which also provide funding forextension programs) to set priorities and facilitate thesharing of information within the entire CooperativeExtension System.

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Because the 1890 land-grants do not receive HatchAct or Smith-Lever funds, special programs have beencreated to help finance agricultural research andextension at these institutions. The Evans-Allen pro-gram supports agricultural research with funds equalto at least 15% of Hatch Act appropriations. Anotherprogram funds extension activities at the 1890 land-grants with an emphasis on reaching socially and eco-nomically disadvantaged people.

Today, America's land-grant universities continue tofulfill their democratic mandate for openness, accessi-bility, and service to people, and many of these insti-tutions have joined the ranks of the nation's most dis-tinguished public research universities. Through theland-grant university heritage, millions of stud L.nts areable to study every academic discipline and explorefields of inquiry far beyond the scope envisioned inthe original land-grant mission.

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ItDevelopment of the Land-Grant System: 1862-1994

Since their establishment, the land-grant collegesand universities have grown to represent to the worlda unique system of widely accessible higher educa-tion. In the colonial days in the United States, highereducation was available only at a few institutionssuch as Harvard. Yale, and William and Mary. Theseinstitutions at different times were subject to varyingdegrees of public control but were essentially privatelycontrolled. After the Revolutionary War, the statesbegan to organize universities as publicly controlledinstitutions. They were not essentially different inacademic orientation from the privately controlledones, which by that time had grown relatively strongand were setting the pace for the development of col-lege education throughout the country.

Classical or ProfessionalDuring the first half of the 19th century, the two

types of colleges and universities, publicly controlledand privately controlled, developed side by side. Bothwere greatly influenced by the European universities,which had educated many of their leading professors.But these European universities were organized toserve a society not predominantly democratic. Univer-sity education was for the male leisure classes, gov-ernment leaders, and members of the professions.

At first American institutions, functioning in some-what the same fashion, offered chiefly the classicaland professional curricula. Although the importanceof science was gaining recognition, scientific educa-tion was not widely available. But by the middle ofthe nineteenth century, the general and scientificpress were making widespread demands for moreagricultural and technical education. Agricultural soci-eties in many states also were insisting that collegesbe available where students could study agriculture.One of the most notable campaigns was led byJonathan Baldwin Turner.

A Yale graduate who had been a farmer, newspa-per editor, and professor at Illinois College, Turnerchampioned the cause of the laboring class. His "Planfor a State University for the Industrial Classes," pre-sented in 1850, contained many of the ideas nowconsidered fundamental to the land-grant system,such as experimental research in agriculture.(Although the relationship between Turner's plan andthe eventual land-grant legislation is unclear, Turner

saw his intent realized in Illinois twenty years laterupon the establishment of the University of Illinoisunder the provisions of the Morrill Act.)

Vermont RepreEmtative Justin Smith Morrill intro-duced his first land-grant bill in Congress in 1857.After a year of legislative maneuvering, Congresspassed the Morrill Act of 1859. President Buchananvetoed it, essentially on the grounds that it violatedthe traditional policy of the federal government,which until then had left control of education to thestates.

111.1861 Morrill again introduced the land-grant billwith, among other changes, the provision that theproposed institutions teach military tactics. Given theneed for military officers that had been created by theCivil War, along with the absence of Southern legisla-tors who previously had opposed the bill, the land-grant act faced a friendlier climate the second timethrough Congress. The Morrill Act was passed againand signed by President Lincoln On July 2, 1862.

The Purpose

There has been much discussion since the passageof the First Morrill Act as to its true intent. In the actthe purpose is stated in the following words:

. the endowment, support, and maintenance of at leastone college where the leading object shall be, without exclud-ing other scientific and classical studies, and including mili-tary tactics, to teach such branches of learning as are relatedto agriculture and the mechanic arts, in such manner as thelegislatures of the states may respectively prescribe, in orderto promote the liberal and practical education of the indus-trial classes in the several pursuits and professions in life!

Speaking at the Massachusetts Agricultural Collegein 1887, 25 years after passage of the Act, SenatorMorrill again set forth his views on the general pur-pose of the Morrill Act in the following words:

The land-grant colleges were founded on the idea that ahigher and broader education should be placed in everyState within the reach of those whose destiny assigns themto, or who may have the courage to choose industrial loca-tions where the wealth of nations is produced; whereadvanced civilization unfola.: its comforts, and where a ntuchlarger number of the people need wider educational advan-tages, and impatiently await their possession . . . . It wouldbe a mistake to suppose it was intended that every student

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should become either a farmer or a mechanic when thedesign comprehended not only instruction for those who mayhold the plow or follow a trade, but such instruction as anyperson might needwith "the world all before them whereto choose"and without the exclusion of those who mightprefer to adhere to the classics.2

Speaking before the Vermont Legislature in 1888,Senator Morrill said:

Only the interest from the land-grant fund can beexpended, and that must be expended, firstwithout exclud-ing other scientific and classical studiesfor teaching suchbranches of learning as are related to agriculture and themechanic artsthe latter as absolutely as the former. Obvi-ously not manual, but intellectual instruction was the para-mount object. It was not provided that agricultural labor inthe field should be practically taught, and nzore than thatthe mechanical trade of a carpenter or blacksmith should betaught. Secondly, it was a liberal education that was pro-posed. Classical studies were not to be excluded, and, there-fore, must be included. The Act of 1862 proposed a system ofbroad education by colleges, not limited to a superficial anddwarfed training, such as might be supplied by a foreman ofa workshop or by a foreman of an experimental farm. If anywould have only a school with equal scraps of labor and ofinstruction, or something other than a college, they wouldnot obey the national law....

The fundamental idea was to offer an opportunity inevery State for a liberal and larger education to larger num-bers, not merely to those destined to sedentary professions,but to those much needing higher instruction for the world'sbusiness, for the industrial pursuits and professions of life.'

From the legislation itself and from Senator Mor-rill's statements it seems clear that at least three pur-poses were embodied in the legislation:1. A protest against the dominance of the classics inhigher education;2. A desire to develop at the college level instructionrelating to the practical realities of an agricultural andindustrial society;3. An attempt to offer to those belonging to the indus-trial classes preparation for the "professions of life." 4

Federal FundingFrom these purposes has grown a system of col-

leges and universities managed by each state but con-forming to certain broad policy stipulations of federallaw. The federal support contemplated in the initialMorrill Act was to be the income from public lands(30,000'acres or equivalent in scrip for each represen-tative and senator) made available to each state. Thestate was expected to contribute to the maintenanceof its land-grant institution as well as to pi-ovide itsbuildings.

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From this modest beginning, the federal govern-ment has significantly expanded its contributions tothe land-grant colleges and universities. Recognizingthe need for research as a basis for developing agricul-ture, Congress passed the Hatch Act in 1887. Thisauthorized federal funding for an agricultural experi-ment station in connection with each land-grant insti-tution.

In 1890, the Second Morrill Act was passed, sup-plementing by direct appropriation the income fromthe land grants. To receive the money a state had toshow that race or color was not an admissions crite-rion, or else designate a separate land-grant college forblacks. Thus was born in the then-segregated South agroup of institutions known as the "1890 land-grants."

In 1914 the Smith-Lever Act established the systemof cooperative extension seivices to bring people thebenefits of current developments in the field of agri-culture, home economics and related subjects.

Land-grant institutions, designed to foster a pro-gram of education suited to the needs of the agricul-tural and industrial classes, came to encompass a pro-gram of on-campus instruction, research, and off-cam-pus extension work. In the decades following 1914,several acts were passed expanding the scope andincreasing the support of all three aspects of the pro-gram. Now, in addition to the income from the origi-nal land grants, the appropriations of federal funds toaid the states in the maintenance of land-grant insti-tutions amount to more than $550 million annually.

These funds are distributed to the states on severaldifferent bases. Some funds go in equal amounts to allstates; some go to the states on the basis of their farmpopulation, or on their total population in relation tothe total population of the United States.

The United States Department of Agriculture(USDA) plays a key role in the administration of fed-eral land-grant funds and the coordination of land-grant activities at the national level. The USDA'sCooperative State Research Service (CSRS), for exam-ple, administers both Hatch Act and Morrill-Nelsonfunds. The Extension Service of the USDA administersSmith-Lever funding, though it cooperates with stategovernmentswhich provide additional funding forextensionin setting priorities and and sharing infor-mation nationally.

Because the 1890 land-grants do not receive HatchAct or Smith-Lever funds, special programs have beencreated to help finance agricultural research andextension at these institutions. The Evans-Allen pro-gram supports agricultural research with funds equalto at least 15% of Hatch Act adpropriations. Anotherprogram funds extension activities at the 1890 land-

grants with an emphasis on reaching socially and eco-nomically disadvantaged people.

Later Additions to the Land-Grant SystemIn recent decades the land-grant system has

expanded to accommodate additional U.S. jurisdic-tions. The University of the District of Columbia, argu-ing that it was the last substantial area in the nationwithout the services of a land-grant college," receivedland-grant status and a $7.24 million endowment inlieu of a land grant in 1967. Beginning in 1971 Guam,Micronesia, American Samoa, Northern Marianas, andthe Virgin Islands repeated the argument that theseterritories were "the only areas under the Americanflag which have not been allowed to participate in theland-grant college program." Their land-grant statuswas approved in 1972 in a Special Education Amend-ment, each receiving a $3 million endowment insteadof land or land scrip. Research and extension fundsare appropriated to these institutions on a similar basisas they are to other land-grant universities.

The Tribal Colleges

A nearly two-year campaign by the 29 tribal col-leges that comprise the American Indian Higher Edu-cation Consortium (AIHEC) was brought to a success-ful outcome in October 1994, when Congress passedlegislation granting them land-grant status. In Novem-ber, the board of the National Association of StateUniversities and Land-Grant Colleges, which hadstrongly endorsed the campaign, voted to admitAIHEC as a system member of the association withone representative as a member of NASULGC's Coun-cil of Presidents. In January 1995, AIHEC became thenewest member of NASULGC, the nation's oldesthigher education association.

Land-grant status was conferred on the 29 NativeAmerican colleges in 1994 as a provision of the Ele-mentary and Secondary Education ReauthorizationAct. The bill also authorized a $23 million endowmentfor them, to be built up over five years. The collegeswere to receive interest payments from the endow-ment each year.

In addition, the legislation authorized a $1.7 mil-lion challenge grant program for higher educationprograms in agriculture and natural resources, much

like the successful program at the 1890 colleges, and$50,000 per school for higher education in agricultureand natural resources (similar to the original Morrill-Nelson funds).

The legislation also provided $5 million to go to theCooperative Extension Service of the 1862 land-grantinstitutions in states that also have tribal colleges. The1862 institutions were to cooperate with the tribalcolleges in setting up joint agricultural extension pro-grams focused on the needs of the Native Americaninstitutions, as identified by the tribal colleges.

The 29 1994 colleges named in the bill comprise allof the American Indian tribal colleges in the nation.Of these, 24 are tribally controlled colleges, two aretribally controlled vocational/technical colleges, twoare owned and operated by the Bureau of IndianAffairs, and one is federally chartered.

The 29 American tribal colleges are located on ornear reservations. Most are two-year colleges andtechnical schools, but three are four-year institutions,and one offers a master's degree. Located in twelvestates, the schools are the most important provider ofhigher education opportunities for Native Americans,serving 14,000 students (almost 10,000 FTE). Theyhave been notably successful in retaining students andsending them on to four-year colleges and universi-ties. They also provide a variety of community ser-vices, such as family counseling, alcohol and drugabuse programs, job training and economic develop-ment.

Notes1 Morrill Act of 1862, sec 42 Hon. Justin W. Morrill. Address 1887. Reprinted under title, "IWould Have Higher Learning More Widely Disseminated" by Uni-versity of Massachusetts. Amherst, 1961. p. 4.3 Hon. Justin W. Morrill. An address in behalf of the University ofVermont and State Agricultural College. Free Press Assoc., Burling-ton, Vt., 1888. p 1-6.4 George A. Works and Barton Morgan. The Land-Grant Colleges.The Advisory Committee on Education, Staff Study No. 10, U.S.Government Printing Office, Washington, 1939. p. I 1.

This history is based on a chapter in the 1962 Department ofHealth. Education and WelLre publication Land-Grant Colleges andUniversities 1862-1962, by Henry S. Brunner. The history wasadapted and updated in February 1995 by the Office of PublicAffairs of the National Association of State Universities and Land-Grant Colleges.

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IP .A Chronology of Federal LegislationAffecting Public Higher Education

1787Northwest Ordinance is passed, authorizing thesale of public land for support of education, thusestablishing the land-grant principle.

1862First Morrill Act is passed and signed by Presi-dent Abraham Lincoln, donating public lands to theseveral states, the sale of which is for the "endow-ment, support, and maintenance of at least one col-lege where the leading object shall be, withoutexcluding other scientific and classical studies andincluding military tactics, to teach such branches oflearning as are related to agriculture and themechanic arts, in order to promote the liberal andpractical education of the industrial classes in the sev-eral pursuits and professions in life."

1887The Hatch Act is passed, mandating the cre-ation of agricultural experiment stations for scientificresearch.

1890The Second Morrill Act is passed, providingfurther endowment for colleges. Part of this funding isto be used for institutions for black students, leadingto the creation of 17 historically black land-grant col-leges.

1907Nelson Amendment to the Morrill Acts of 1862and 1890 is passed, providing further increased appro-priations to land-grant institutions.1908Benefits of Second Morrill Act and the NelsonAmendment extended to Puerto Rico.

1914The Smith-Lever Act is passed, providing fed-eral support for land-grant institutions to offer educa-tional programs to enhance the application of usefuland practical information beyond their campusesthrough cooperative extension efforts with states andlocal communities.

1934Congress creates the National Youth Adminis-tration to enable college students to earn money byperforming educationally useful tasks and to continuetheir studies.

1935The Bankhead-Jones Act adds to annualappropriations for land-grant institutions.

1942The General Equivalency Diploma (GED) pro-gram and the Military Evaluations Programs for veter-ans who left school to serve in World War II are estab-lished.

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1944--The Servicemen's Readjustment Act (G.I. Billof Rights), Public Law 346, provides for the highereducation of veterans.

1945The Bankhead-Flannagan Act furthers thedevelopment of cooperative extension work in agri-culture and home economics.

1946Congress passes the Fulbright Act (Public Law584) to enable Americans to study and teach abroad.

1946The United Nations Educational, Scientific andCultural Organization (UNESCO) is established, whichamong its many other activities, provides internationalexchange opportunities for American scholars andadministrators.

1948The U.S. Information and EducationalExchange Act (the Smith-Mundt Act) provides for theinternational exchange of teachers, students, lecturersand other specialists.

1950Point Four Program is enacted by Congress(the Foreign Economic Assistance Act, subsequentlycalled the International Cooperation Administration,then renamed the Agency for International Develop-ment, or AID).

1950Congress creates the National Science Founda-tion (NSF).

1950The Land-Grant Endowment Funds Bill pro-tects federal and private endowments from unilateralfederal action to divert them from the purposes forwhich they were granted.1952Veterans' Readjustment Assistance Act (KoreanG.I. Bill of Rights) is passed.

1958National Defense Education Act (NDEA) pro-vides college student loans, graduate fellowships andaid for the improvement in the teaching of science,mathematics and modern languages.

1960Land-grant status for the University of Hawaiiestablishes a new precedent. Since there is no longeradequate federal land to donate for the creation of anendowment, the University of Hawaii is given a $6million endowment in lieu of land scrip.

1961Report of the U.S. Commission on Civil Rights,"Equal Protection of the Laws in Public Higher Educa-tion: 1960" recommends that federal funds be dis-bursed "only to such publicly controlled institutions of

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higher education as do not discriminate on grounds ofrace, color, religion, or national origin."

1963The Higher Education Act (HEA) of 1963 rec-ognizes federal responsibility for aid to colleges anduniversities in the form of grants and loans for theconstruction of academic facilities.

1964The National Defense Education Act Amend-ments authorize major changes to expand andstrengthen the graduate fellowship program and elim-inate discriminatory institutionai limitation on loan-f und grants.

1965The Higher Education Act of 1965 is passed,funding many higher education programs, includingstudent aid.

1965The Housing and Urban Development Act of1965 establishes a maximum interest rate of threepercent for the College Housing Loan Program to pro-vide relief for students from the high cost of collegeattendance.

1966The National Defense Education Project ispassed to coordinate the federal role in internationaleducation. Later, this project is incorporated as Title VIof the Higher Education Act.

1967The District of Columbia Post Secondary Edu-cation Reorganization Act gives land-grant status toFederal City College, now the University of the Dis-trict of Columbia. This established a precedent for fed-eral trust areas to participate in the land-grant system

1968The Navajo Community College Act creates thefirst tribally controlled college.

1972University of Guam, Northern Marianas Col-lege, the Community Colleges of American Samoaand Micronesia, and the College of the Virgin Islandssecure land-grant status through the EducationAmendments of 1972 (Public Law 92-318).

1978The Tribally Controlled Community CollegeAct stimulates the development of a variety of techni-cal, two-year, four-year, and graduate collegespresently located on or near tribal reservations.

1979The U.S. Department of Education is estab-lished.

1980Congress passes the Education Amendments of1980 (to the Higher Education Act of 1965).

1991National Security Education Act (Boren Bill) isenacted to provide support for undergraduate studyabroad and graduate work in foreign languages andarea studies.

1992President Bush signs the Higher Education ActAmendments, reauthorizing the 1965 Higher Educa-tion Act.

1993The National and Community Service Trust Actestablishes a corporation to coordinate programsthrough which students receive minimum wagestipends and tuition benefits in return for communityservice.

1993The federal government begins "direct lend-ing," a program that enables colleges and universitiesto provide loans using federal funds directly to stu-dents, thus avoiding private lenders and streamliningthe process.

1993The American Indian Higher Education Con-sortium (AIHEC), supported by NASULGC, launches acampaign to secure land-grant status for 29 NativeAmerican Colleges located in 12 states and serving16,000 students.

1994Land-grant status is conferred on 29 NativeAmerican colleges as a provision of the Elementaryand Secondary Education Reauthorization Act. Thebill also authorizes a $23 million endowment forthem, to be built up over five years. The colleges areto receive interest payments from the endowmenteach year.

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toThe 105 Land-Grant Colleges and Universities1 , March 1995

*AlabamaAlabama A&M University* (Normal, AL)Auburn University (Auburn, AL)Tuskegee University (Tuskegee, AL)

AlaskaUniversity of Alaska Statewide System

(Fairbanks, AK)

American SamoaCommunity College of American Samoa

(Pago Pago, AQ)

ArizonaNavajo Community College** (Tsai le, AZ)University of Arizona (Tucson, AZ)

ArkansasUniversity of Arkansas, Fayetteville (Fayetteville, AR)University of Arkansas at Pine Bluff* (Pine Bluff, AR)

CaliforniaD-Q University** (Davis, CA)University of California System (Oakland, CA)

ColoradoColorado State University (Fort Collins, CO)

ConnecticutConnecticut Agricultural Experiment Station

(New Haven, CT)University of Connecticut (Storrs, CT)

DelawareDelaware State University* (Dover, DE)University of Delaware (Newark, DE)

District of ColumbiaUniversity of the District of Columbia

(Washington, DC)

FloridaFlorida A&M University* (Tallahassee, FL)University of Florida (Gainesville, FL)

GeorgiaFort Valley State College* (Fort Valley, GA)University of Georgia (Athens, GA)

GuamUniversity of Guam (Mangilao, GU)

HawaiiUniversity of Hawaii (Honolulu, HI)

IdahoUniversity of Idaho (Moscow, ID)

* indicates 1890 land-grant institution** indicates 1994 tribal college land-grant institution

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IllinoisUniversity of Illinois (Urbana, IL)

IndianaPurdue University (West Lafayette, IN)

IowaIowa State University (Ames, IA)

KansasHaskell Indian Nations University** (Lawrence, KS)Kansas State University (Manhattan, KS)

KentuckyKentucky State University* (Frankfort, KY)University of Kentucky (Lexington, KY)

LouisianaLouisiana State University System (Baton Rouge, LA)Southern University System* (Baton Rouge, LA)

MaineUniversity of Maine (Orono, ME)

MarylandUniversity of Maryland at College Park

(College Park, MD)University of Maryland Eastern Shore*

(Princess Anne, MD)

MassachusettsMassachusetts Institute of Technology

(Cambridge, MA)University of Massachusetts (Amherst, MA)

MichiganBay Mills Community College** (Brimley, MI)Michigan State University (East Lansing, MI)

MicronesiaCommunity College of Mircronesia

(Kolonia, Pohnpei, FM)

MinnesotaFond Du Lac Community College** (Cloquet, MN)Leech Lake Tribal College** (Cass Lake, MN)University of Minnesota (Minneapolis, MN)

MississippiAlcorn State University* (Lorman, MS)Mississippi State University (Mississippi State, MS)

MissouriLincoln University* (Jefferson City, MO)University of Missouri System (Columbia, MO)

MontanaBlackfeet Community College** (Browning, MT)Dull Knife Community College** (Lame Deer, MT)Fort Belknap Community College** (Harlem, MT)Fort Peck Community College** (Poplar, MT)

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Little Big Horn College** (Crow Agency, MT)Montana State University (Bozeman, MT)Salish Kootenai College** (Pablo, MT)Stone Child College** (Box Elder, MT)

NebraskaNebraska Indian Community College**

(Winnebago, NE)University of Nebraska System (Lincoln, NE)

NevadaUniversity of Nevada, Reno (Reno, NV)

New HampshireUniversity of New Hampshire (Durham, NH)

New JerseyRutgers, The State University of New Jersey

(New Brunswick, NJ)

New MexicoCrownpoint Institute of Technology**

(Crownpoint, NM)institute of American Indian Arts** (Santa Fe, NMNew Mexico State University (Las Cruces, NM!Southwest Indian Polytechnic Institute**

(Albuquerque, NM)

New YorkCornell University (Ithaca, NY)

North CarolinaNorth Carolina A&T State University*

(Greensboro, NC)North Carolina State University (Raleigh, NC)

North DakotaFort Berthold Community College** (New Town, ND)Little Hoop Community College** (Fort Totten, ND)North Dakota State University (Fargo, ND)Standing Rock College** (Fort Yates, ND)Turtle Mountain Community College** (Belcourt, ND)United Tribes Technical College** (Bismark, ND)

Northern MarianasNorthern Marianas College (Saipan, CM)

OhioThe Ohio State University (Columbus, OH)

OklahomaLangston University* (Langston, OK)Oklahoma State University (Stillwater, OK)

OregonOregon State University (Corvallis, OR)

PennsylvaniaPennsylvania State University (University Park, PA)

Puerto RicoUniversity of Puerto Rico (San Juan, PR)

Rhode IslandUniversity of Rhode Island (Kingston, RI)

South CarolinaClemson University (Clemson, SC)South Carolina State University* (Orangeburg, SC)

South DakotaCheyenne River Community College**

(Eagle Butte, SD)Oglala Lakota College** (Kyle, SD)Sinte Gleska University** (Rosebud, SD)Sisseton Wahpeton Community College**

(Sisseton, SD)South Dakota State University (Brookings, SD)

TennesseeTennessee State University* (Nashville, TN)University of Tennessee (Knoxville, TN)

TexasPrairie View A&M University* (Prairie View, TX)Texas A&M University (College Station, TX)

UtahUtah State University (Logan, UT)

VermontUniversity of Vermont (Burlington, VT)

Virgin IslandsUniversity of the Virgin Islands (St. Thomas, VI)

VirginiaVirginia Polytechnic Institute & State University

(Blacksburg, VA)Virginia State University* (Petersburg, VA)

WashingtonNorthwest Indian College** (Bellingham, WA)Washington State University (Pullman, WA)

West VirginiaWest Virginia University (Morgantown, WV)

WisconsinCollege of the Menominee Nation** (Keshena, WI)Lac Courte Oreilles Ojibwa Community College**

(Hayward, WI)University of Wisconsin-Madison (Madison, WI)

WyomingUniversity of Wyoming (Laramie, WY)

Please Note: of these 105 Land-grant institutions, all but three(the Community College of American Samoa, the CommunityCollege of Micronesia, and Northern Marianas College) aremonbers of the National Association of State Universities andLand-Grant Colleges. The 29 tribal colleges of 1994 are repre-sented as a system by the single membership of the AmericanIndian Higher Education Consortium.

13 I I

IFText of Federal Legislation Relating to1 Land-Grant Colleges and Universities

ACT OF JULY 2, 1862(FIRST MORRILL ACT)(Providing for the endowment, support and maintenance ofcolleges of agriculture and mechanic arts)

[An act donating public lands to the several States and Terri-tories which may provide colleges for the benefit of agricul-ture and the mechanic ans1

Be it enacted by the Senate and House of Representatives ofthe United States of America, in Congress assembled, Thatthere be granted to the several States, for the purposeshereinafter mentioned, an amount of public land, to beapportioned to each State a quantity equal to thirtythousand acres for each Senator and Representative inCongress to which the States are respectively entitled bythe apportionment under the census of 1860; Provided,That no mineral lands shall be selected or purchasedunder the provisions of this act.

Section 2And be it further enacted, That the land aforesaid, after

being surveyed, shall be apportioned to the several Statesin sections or subdivisions of sections, not less than one-quarter of a section; and wherever there are public landsin a State, subject to sale at private entry at one dollarand twenty-five cents per acre, the quantity to whichsaid State shall be entitled shall be selected from suchlands, within the limits of such State; and the Secretaryof the Interior is hereby directed to issue to each of theStates, in which there is not the quantity of public landssubject to sale at private entry, at one dollar and twenty-five cents per acre, to which said State may be entitledunder the provisions of this act, land scrip to the amountin acres for the deficiency of its distributive share; saidscrip to be sold by said States, and the proceeds thereofapplied to the uses and purposes prescribed in this act,and for no other purpose whatsoever: Provided, That inno case shall any State to which land scrip may thus beissued be allowed to locate the same within the limits ofany other State, or of any territory of the United States;but their assignees may thus locate said land scrip uponany of the unappropriated lands of the United States sub-ject to sale at private entry, at one dollar and twenty-fivecents, or less, an acre: and provided further, That not morethan one million acres shall be located by such assigneesin any one of the States: And provided further, That nosuch location shall be made before one year from thepassage of this act.

Section 3

And be it further enacted, That all the expenses of man-agement, superintendence, and taxes from date of selec-

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tion of said lands, previous t their sales, and allexpenses incurred in the management and disbursementof moneys which may be received therefrom, shall bepaid by the States to which they may belong, out of thetreasury of said States, so that the entire proceeds of thesale of said lands shall be applied, without any diminu-tion whatever, to the purposes hereinafter mentioned

Section 4 (as amended April 13, 1926, 44 Stat. L. 247)

That all moneys derived from the sale of lands afore-said by the States to which lands are apportioned andfrom the sales of land scrip hereinbefore provided forshall be invested in bonds of the United States or of theStates or some other safe bonds; or the same may beinvested by the States having no State bonds in anymanner after the legislatures of such States shall haveassented thereto and engaged that such funds shall yielda fair and reasonable rate of return, to be fixed by theState legislatures, and that the principal thereof shall for-ever remain unimpaired: Provided, That the moneys soinvested or loaned shall constitute a ptrpetual fund, thecapital of which shall remain forever undiminished(except so far as may be provided in section 5 of thisact), and the interest of which shall be inviolably appro-priated, by each State which may take and claim thebenefit of this act, to the endowment, support, andmaintenance of at least one college where the leadingobject shall be, without excluding other scientific andclassical studies and including military tactics, to teachsuch branches of learning as are related to agricultureand the mechanic arts, in such manner as the legislaturesof the States may respectively prescribe, in order to pro-mote the liberal and practical education of the industrialclasses in the several pursuits and professions in life.

Section 5

And be it further enacted, That the grant of land andland scrip hereby authorized shall be made on the fol-lowing conditions, to which, as well as to the provisionshereinbefore contained, the previous assent of the sev-eral States shall be signified by legislative acts:

First. If any portion of the fund invested, as providedby the foregoing section, or any portion of the interestthereon, shall, by any action or contingency, be dimin-ished or lost, it shall be replaced by the State to which itbelongs, so that the capital of the fund shall remain for-ever undiminished; and the annual interest shall be reg-ularly applied without diminution to the purposes men-tioned in the fourth section of this act, except that asum, not exceeding 10 per centum upon the amountreceived by any State under the provisions of this act,may he expended for the purchase of lands for sites or

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experimental farms, whenever authorized by the respec-tive legislatures of said States;

Second. No portion of said fund, nor the interestthereon, shall be applied, directly or indirectly, underany pretense whatever, to the purchase, erection, preser-vation, or repair of any building or buildings;

Third. Any State which may take and claim the bene-fit of the provisions of this act shall provide, within fiveyears, at least not less than one college, as prescribed inthe fourth section of this act, or the grant to such Stateshall cease; and said State shall be bound to pay theUnited States the amount received of any lands previ-ously sold, and that the title to purchasers under theState shall be valid;

Fourth. An annual report shall be made regarding theprogress of each college, recording any improvementsand experiments made, with their costs and results, andsuch other matters, including State industrial and eco-nomical statistics, as may be supposed useful; one copyof which shall be transmitted by mail free, by each, to allthe other colleges which may be endowed under theprovisions of this act, and also one copy to the Secretaryof the Interior;

Fifth. When lands shall be selected from those whichhave been raised to double the minimum price in conse-quence of railroad grants, they shall be computed to theStates at the maximum price, and the number of acresproportionally diminished;

ixth. No State, while in a condition of rebellion orinsurrection against the Government of the UnitedStates, shall be entitled to the benefit of this act;

Seventh. No State shall be entitled to the benefits ofthis act unless it shall express its acceptance thereof byits legislature within two years from the date of itsapproval by the President.

Section 6And be it further enacted, That land scrip issued under

the provisions of this act shall not be subject to locationuntil after the first day of January, 1863.

Section 7And be it further enacted, That land officers shall receive

the same fees for locating land scrip issued under theprovisions of this act as is now allowed for the locationof military bounty land warrants under existing laws:Provided, That maximum compensation shall not bethereby increased.

Section 8And he it further enacted, That the governors of the sev-

eral States to which scrip shall be issued under this actshall be required to report annually to Congress all salesmade of such scrip until the whole shall be disposed ofthe amount received for the same, and what appropria-tion has been made of the proceeds.

Approved July 2, 1862 (12 Stat. 503)

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Act of 1866 Amending First Morrill ActlAn act to amend the fifth section of an act entitled "An actdonating public lands to the several States and Territorieswhich may provide colleges for the benefit of agricultureand the mechanic arts," approved July 2, 1862, so as toextend the time within which the provisions of said act shallbe accepted and such colleges established.]

Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress Assembled, That thetime in which the several States may comply with theprovisions of the act of July second, eighteen hundredand sixty-two, entitled "An act donating public lands tothe several States and Territories which may provide col-leges for the benefit of agriculture and the mechanicarts," is hereby extended so that the acceptance of thebenefits of the said act may be expressed within threeyears from the passage of this act, and the collegesrequired by the said act may be provided within fiveyears from the date of the filing of such acceptance withthe Commissioner of the General Land Office: Provided,That when any Territory shall become a State and beadmitted into the Union such new States shall be enti-tled to the benefits of the said act of July second, eigh-teen hundred and sixty-two, by expressing the accep-tance therein required within three years from the dateof its admission into the Union, and providing the col-lege or colleges within five years after such acceptance,as prescribed in this act: Provided further, That any Statewhich has heretofore expressed its acceptance of the actherein referred to shall have the period of five yearswithin which to provide at least one college as describedin the fourth section of said act, after the time for pro-viding said college, according to the act of July second,eighteen hundred and sixty-twe., shall have expired.

Approved, July 23,1866. (14 Stat. 208.)

Rulings and Opinions onAct of July 2, 1862

Accounting and reports"Accounts should be keptby the proper officers" of all the States having grants"showing all the facts relating to the sale and leasing oflands granted for agricultural colleges, and the receipt,investment, and disposition of the proceeds arising fromsuch sales and leases; and such officers should, whencalled on to do so, timely report such facts to the Secre-tary of the Interior or permit an ascertainment of suchfacts through inspection and examination of theirrecords by some officer of the Government or other per-son designated by the Secretary of the Interior for thatpurpose."

The representatives of the Office of Education or someother officer designated by the Secretary of the Interiorshould, through reports from the officers of each of theStates, or otherwise, from time to time as the occasionmay require, ascertain all facts and conditions tending toshow the manner in which the funds arising from thelands granted for agricultural colleges are being handled,invested, and disposed of; or furnish a full statementthereof to the Secretary of the Interior. Rulingsapproved by the Secretary of the Interior, October I I, 1923.

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In order that the Department of the Interior throughthe Commissioner of Education may be able to ascertainwhether or not the States are complying with the provi-sions of the act of 1862, the institutions receiving thebenefit of that act are required to submit a statement ofthe disbursements of the annual income received bythem under said act. Ruling of Secretary of the Interior,July II, 1930.

Division of fund"A State may by appropriate legis-laAtion divide the original" 1862 land-grant "fund intotwo parts and provide that the interest of each part shallbe available to a particular college and vest in such college,as an agency of the State, the duty of investing its partic-ular part of the funds in bonds of the United States or ofthe State or some other safe bonds, the determination ofthe safety of which is to rest with the college." Ruling ofSecretary of the Interior, September 15, 1935.

Income and its use"The income" from the 1862land-grant endowment "is not a fiscal year or limitedfund. It must remain forever at the disposal of the insti-tution entitled to the benefit of the fund. Nor may it everbe covered into the general State funds or used for gen-eral State purposes. There can be no default to the Stateby the institution."

"Proceeds from rentals, sale of timber rights, waterrights, and other privileges, and interest on deferred pay-ments of purchase money partake of the same characteras the income from invested funds, and must be devoted,without diminution, to the purposes" of the act.

"The only restriction placed by tne Act of Congress ofJuly 2, 1862, upon the expenditures of the incomederived from the sale of public lands granted for theendowment of colleges of agriculture and the mechanicarts and the investment of the purchase money is that nopart of such income may be expended for the purchase,erection, preservation, or repair of any building or build-ings, nor may this income be used for the purchase ofland." Ruling of Secretary of the Interior, May 23, 1916.

Instruction for women studentsInstruction inthe industries for women is included in instruction inagriculture and mechanic arts. Ruling of Secretary of theInterior, May 23, 1916.

Military tacticsAn agricultural' college which offersa proper, sul5stantial course in military tactics compliessufficiently with the.requirements as to military tactics inthe act of July 2, 1862, and the other acts, even thoughthe students at that institution are not compelled to takethat course. Opinion of Attorney General, June 30, 1930.

Default of act of 1862The act of 1890 (26 Stat.417) with the amendment of 1907 (34 Stat. 1281) issupplementary to the act of 1862; therefore any defaultof the provisions of the act of 1862 renders the Stateliable for noncertification for the annual installments ofthe funds appropriated by the acts of 1890 and 1907.Ruling of Secretary of the Interior, May 23, 1916.

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ACT OF AUGUST 30, 1890(SECOND MORRILL ACT)(Providing for the further endowment and support of col-leges of agriculture and mechanic arts}

}An act to apply a portion of the proceeds of the publiclands to the more complete endowment and support of thecolleges for the benefit of agriculture and the mechanic artsestablished under the provisions of an act of Congressapproved July second, eighteen hundred and sixty-two]

Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled, That thereshall be, and hereby is, annually appropriated, out of anymoney in the Treasury not otherwise appropriated, aris-ing from the sale of public lands, to be paid as here-inafter provided, to each State and Territory for the morecomplete endowment and maintenance of colleges forthe benefit of agriculture and the mechanic arts nowestablished, or which may be hereafter established, inaccordance with un act of Congress approved July sec-ond, eighteen hundred and sixty-two, the sum of fifteenthousand dollars for the year ending June thirtieth, eigh-teen hundred and ninety, and an annual increase of theamount of such appropriation thereafter for ten years byan additional sum of one thousand dollars over the pre-ceding year and the annual amount of be paid thereafterto each State and Territory shall be twenty-five thou-sands dollars to be applied only to instruction in agricul-ture, the mechanic arts, the English language and thevarious branches of mathematical, physical, natural, andeconomic science, with special reference to their applica-tions in the industries of life, and to the facilities for suchinstruction: Provided, That no money shall be paid outunder this act to all State and Territory for the supportand maintenance of a college where a distinction of raceor color is made in the admission of students, but theestablishment and maintenance of such colleges sepa-rately for white and colored students shall be held to bea compliance with the provisions of this act if the fundsreceived in such State or Territory be equitably divided ashereinafter set forth: Provided, That in any State in whichthere has been one college established in pursuance ofthe act of July second, eighteen hundred and sixty-two,and also in which an educational institution of like char-acter has been established, or may be hereafter estab-lished, and is now aided by such State from its own rev-enue for the education of colored students in agricultureand the mechanic arts, however named or styled, orwhether or not it has received money heretofore underthe act to which this act is an amendment, the legislatureof such a State may propose and report to the Secretaryof the Interior a just and equitable division of the fund tobe received under this act between one college for whitestudents and one institution for colored students estab-lished as aforesaid, which shall be divided into two partsand paid accordingly, and thereupon such institution forcolored students shall be entitled to the benefits of thisact and subject to its provisions, as much as it wouldhave been if it had been included under the act of eigh-teen hundred and sixty-two, and the fulfillment of the

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foregoing provisions shall be taken as a compliance withthe provision in reference to separate colleges for whiteand colored students

Section 2That the sums hereby appropriated to the States and

Territories for the further endowment and support of col-leges shall be annually paid on or before the thirty-firstday of July of each year, by the Secretary of the Treasury,upon the warrant of the Secretary of the Interior, out ofthe Treasury of the United States, to the State or Territor-ial treasurer, or to such officer as shall be designated bythe 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 payover said tims to the treasurers of the respective collegesor other institutions entitled to receive the same, andsuch treasurer shall be required to report to the Secretaryof Agriculture and to the Secretary of the Interior, on orbefore the first day of September of each year, a detailedstatement of the amount so received and of its disburse-ment. The grants of moneys authorized by this act aremade subject to the legislative assent of the several Statesand Territories to the purpose of said grants: Provided,That payments of such installments of the appropriationherein made as shall become due to any State before theadjournment of the regular session of legislature meetingnext after the passage of this act shall be made upon theassent of the governor thereof, duly certified to the Sec-retary of the Treasury.

Section 3That if any portion of the moneys received by the des-

ignated officer of the State or Territory for the furtherand more complete endowment, support, and mainte-nance of colleges, or of institutions for colored students,as provided in this act, shall, by any action or contin-gency, be diminished or lost, or be misapplied, it shall bereplaced by the State or Territory to which it belongs,and until so replaced no subsequent appropriation shallbe apportioned or paid to such State or Territory; and noportion of said moneys shall be applied, directly or indi-rectly, under any pretense whatever, to the purchase,erection, preservation, or repair of any building or build-ings. An annual report by the president of each of saidcolleges shall be made to the Secretary of Agriculture, aswell as to the Secretary of the Interior, regarding thecondition and progress of each college, including statisti-cal information in relation to its receipts and expendi-tures, its library, the number of its students and profes-sors, and also as to any improvements and experimentsmade under the direction of any experiment stationsattached to said colleges, with their costs and results, andsuch other industrial and economical statistics as may beregarded as useful, one copy of which shall be transmit-ted by mail free to all other colleges further endowedunder this act.

Section 4

That on or before the first (lay of July in each year,after the passage of this act, the Secretary of the Interior

shall ascertain and certify to the Secretary of the Trea-sury as to each State and Territory whether it is entitledto receive its share of the annual appropriation for col-leges, or of institutions for colored students, under thisact, and the amount which thereupon each is entitled,respectively, to receive. If the Secretary of the Interiorshall withhold a certificate from any State or Territory ofits appropriation, the facts and reasons therefor shall bereported to the President, and the amount involved shallbe kept separate in the Treasury until the close of thenext Congress, in order that the State or Territory may, ifit should so desire, appeal to Congress from the determi-nation of the Secretary of the Interior. If the next Con-gress shall not direct such sum to be paid, it shall be cov-ered into the Treasury. And the Secretary of the Interioris hereby charged with the proper administration of thislaw.

Section 5

That the Secretary of the Interior shall annually reportto Congress the disbursements which have been made inall the States and Territories, and also whether theappropriation of any State or Territory has been with-held, and if so, the reasons therefor.

Section 6

Congress may at any time amend, suspend, or repealany or all of the provisions of this act.Approved, August 30, 1890. (26 Stat. 417.)

Nelson Amendment of March 4, 1907(Providing for the more complete endowment and mainte-nance of land-grant colleges)

[Extract from an act making appropriations for the Depart-ment of Agriculture for the fiscal year ending June thirtieth,nineteen hundred and eight]

Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled. That thereshall be, and hereby is, annually appropriated, out of anymoney in the Treasury not otherwise appropriated, to bepaid as hereinafter provided, to each State and Territoryfor the more complete endowment and maintenance ofagricultural colleges now established, or which mayhereafter be established, in accordance with the act ofCongress approved July second, eighteen hundred andsixty-two, and the act of Congress approved August thir-tieth, eighteen hundred and ninety, the sum of fivethousand dollars, in addition to the sums named in saidact for the fiscal year ending June thirtieth, nineteenhundred and eight, and an annual increase of theamount of such appropriation thereafter for four yearsby an additional sum of five thousand dollars over thepreceding year, and the annual sum to be paid thereafterto each State and Territory shall be fifty-thousand dollars,to be applied only for the purposes of the agriculturalcolleges as defined and limited in the act of Congressapproved July second, eighteen hundred and sixty-two,and the act of Congress approved August thirtieth, eigh-teen hundred and ninety.

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That the sum hereby appropriated to the States andTerritories for the further endowment and support of thecolleges shall be paid by, to, and in the manner pre-scribed by the act of Congress approved August thirtieth,eighteen hundred and ninety, entitled "An act to apply aportion of the proceeds of the public lands to the morecomplete endowment and support of the colleges for thebenefit of agriculture and the mechanic arts establishedunder the provisions of the act of Congress approvedJuly second, eighteen hundred and sixty-two," and theexpenditure of the said money shall be governed in allrespects by the provisions of the said act of Congressapproved July second, eighteen hundred and sixty-two,and the said act of Congress approved August thirtieth,eighteen hundred and ninety: Provided, That said collegesmay use a portion of this money for providing coursesfor the special preparation of instructors for teaching theelements of agriculture and the mechanic arts.

Approved, March 4, 1907. (34 Stat. L. 1281.)

Digest of Rulings and Opinions on Actsof August 30, 1890, and March 4, 1907

Time limit on expenditure of funds"The mon-eys appropriated by the act of August 30, 1890" are "inthe nature of an annuity to be used from year to year"and cannot be "accumulated or converted into an inter-est-bearing fund." Decision of Attorney General, June 20,1899.

The Department will insist on the expenditure of sub-stantially the entire amount appropriated by the act ofAugust 30, 1890, and the boards of control of agricul-tural and mechanic arts colleges are requested to makeprovision for such expenditures. It is understood ofcourse that contracts may be entered into for educationalmaterial which, for good reasons, may not be ready andpaid for until the following year. In such cases it is suffi-cient to explain by a note in the annual report that thebalance is held for the purpose of liquidating bills alreadyincurred, and stating the nature of the outstanding con-tracts. Ruling of the Secretary of the Interior, December 7,1900.

Accrued interest on appropriations"Interestaccruing upon funds" under the acts of August 30, 1890,and March 4, 1907, "is interest accruing to the UnitedStates and should be covered into the United States Trea-sury as miscellaneous receipts." The funds in questionshould be deposited by the treasurers of the institutions"in banks as custodians for funds of the United Statesand any interest accruing thereon should be for disposi-tion as herein indicated." Opinion of Comptroller Generalof United States, January 16, 1933.

Accrued interest must be accounted for and coveredinto the United States Treasury at the close, June 30, ofeach fiscal year. The funds must be kept in a depositaccount separate from all other funds. The person dulydesignated to receive the funds is responsible for theaccounting of such interest as may be credited to thedeposit account by the bank in which the depositaccount is maintained. Checks covering interest accrued

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for each fiscal year should be mailed with the annualreports and will be forwarded to the Treasurer of theUnited States as miscellaneous receipts. Ruling of Secre-tary of the Interior, June 5, 1933.

In the light of decisions of the Comptroller Generaladdressed to the Secretary of Agriculture dated January16, 1933, and March 27, 1933, the Commissioner ofEducation has ruled as follows with respect to the Mor-rill-Nelson-Bankhead-Jones funds:

It will not be necessary, therefore, to require that sep-arate bank deposit accounts be maintained for Morrill-Nelson and Bankhead-Jones funds, provided interest isnot paid on funds deposited in bank for land-grant col-lege or university. Moreover, if interest is paid on fundson deposit in bank for the college or university, it will benecessary to require that separate bank accounts forMorrill-Nelson and Bankhead-Jones funds be maintainedas heretofore. Letter of the U.S. Commissioner of Educationto Presidents and Treasurers of Land-Grant Colleges and Uni-versities, October 11, 1941.

Expenditures of funds for different purposesNo part of these funds may be "expended for grounds forbuilding sites" or "for lands for use in the practical train-ing of students in agriculture." Opinion of Attorney Gen-eral, March 1891.

Purchases from these funds of "apparatus, machinery,textbooks, reference books, stock and material used ininstruction, or for purposes of illustration in connectionwith any of the branches enumerated" in the act ofAugust 30, 1890, are permissible. Ruling of Secretary ofthe Interior, August 3, 1899.

In the case of the purchase of "machinery (such asboilers, engines, pumps, etc.) and farm stock, which aremade to serve for both instructional and other purposes,the Federal funds may be charged with only an equitableportion of the cost of said machinery and stock."

"Expenditures for permanent improvements to build-ings, grounds and farms, such as clearing, draining, andfencing lands," are not allowable from these funds.Rulings of Secretary of the Interior, November 2, 1911.

Use of funds for salariesThe "salary of the trea-surer" of the college is not "a legitimate charge againstthe funds" and cannot properly be paid from them.Opinion of Attorney General, March 7, 1894.

"The salaries of purely administrative officers, such aspresidents, treasurers, secretaries, bookkeepers, janitors,watchmen, etc., cannot be charged" to these funds, "northe salaries of other administrative officers, like superin-tendents, foremen, and matrons, and the wages ofunskilled laborers and assistants in shops, laboratories,and fields."

When an administrative officer also gives instructionin any of the branches of study mentioned in the act ofAugust 30, 1890, or when an instructor gives suchinstruction and also denotes part of his time to givinginstruction in branches of study not mentioned in thesaid act, only a part of such person's salary proportionateto the time devoted to giving instruction in the branchesof the study mentioned in said act can be charged to

s

these funds. In the division of the time between instruc-tional and other services, 1 hour of instruction shall beregarded as the equivalent of 2 hours of administrative,supervisory, or experiment station staff.

The funds cannot be used for "salaries of instructors inphilosophy, psychology, ethics, logic, history, civil gov-ernment, military science and tactics, and in ancient andmodern languages (except English.)" Rulings of Secretaryof the Interior, August 3, 1899, November 2, 1911, and May 23,1916.

The funds cannot be used "for the salaries of instruc-tors, improperly trained or incompetent for the positionsthey are supposed to fill; nor may they be used forsalaries or expenses of the experiment station staff; norfor instructors employed in research work or in collect-ing, classifying and arranging specimens, collections orexhibits." Ruling of Secretary of the Interior, May 23, 1916.

Subjects of instruction allowedIn order thatgreater uniformity in the reports of the treasurers may beobtained in the future, the following classification of sub-jects that may be included under the several scheduleshas been prepared, such classification to be adhered to bythe treasurers of the various institutions in the prepara-tion of their annual reports:

A. Instruction in agricultureAgriculture, horticulture,forestry, agronomy, animal husbandry, dairying, veteri-nary medicine, poultry husbandry, and agriculture.

B. Instruction in mechanic artsMechanical engineering,civil engineering, electrical engineering, irrigation engi-neering, mining engineering, marine engineering, rail-way engineering, experimental engineering, textileindustry, architecture, machine design, mechanical draw-ing, ceramics, stenography, typewriting, telegraphy,printing, and shopwork.

C. Instruction in English languageEnglish language,English literature, composition, rhetoric, and oratory.

D. Instruction in mathematical sciencesMathematics,bookkeeping, and astronomy.

E. Instruction in natural and physical sciencesChemistry,physics, biology, botany, zoology, geology, mineralogy,metallurgy, entomology, physiology, bacteriology, phar-macy, physical geography, and meteorology.

F. Instruction in economic sciencesPolitical economy,hoine economics, commercial geography, and sociology.

G. Special preparation of teachersHistory of industrialeducation (with special reference to agriculture,mechanic arts, and home economics); methods of teach-ing agriculture, mechanic arts, and home economics;special instructions to persons teaching agriculture,mechanic arts, and home economics. Rulings of Secretaryof the Interior, December 7, 1900, and May 23, 1916.

Expenditures from the funds provided by the act ofMarch 4, 1907, are not authorized "for general courses inpedagogy, psychology, history of education, and methodsof teaching." Rulings of Secretary of the Interior, November2, 1911, and May 23, 1916.

The funds cannot be "expended for instruction in theelementary subjects, or their equivalent, included in thefirst 6 years of the course of study of the public schoolsof the States in which each institution is located, except-

ing for students 14 years or over who are devoting atleast one-half of their time in industrial subjects aspreparatory work in the mechanical trades, industries forwomen, or agriculture."

All or part of the funds provided by the act of March4,1907, may be used "for providing courses for the spe-cial preparation of instructors for teaching the elementsof agriculture and mechanic arts." It is held that this lan-guage authorizes expenditures for instruction in the his-tory of agriculture and industrial education, in methodsof teaching agriculture, mechanic arts, and home eco-nomics, and also for special aid and supervision given toteachers actively engaged in teaching agriculture,mechanic arts, and home economics in public schools.Ruling of Secretary of the Interior, May 23, 1916.

The board of control of a system of higher education in aState has not the authority to change the designation of theland-grant college from one institution under its jurisdiction toanother.

It is therefore the opinion of this Office that theAdministrator may not accept the change in designationof the Negro land-grant college by the Board of Regentsof the University of Georgia, but must insist that the Fed-eral grant continue to be available to the Georgia StateCollege until such time as the State legislature may bychange of designation redirect the money to the use ofanother institution. Opinion of General Counsel, FederalSecurity Agency, January 3, 1949.

All Colleges Designated as "Land-Grant"Are Operated Under the Provisions ofthe Morrill Act of 1862

It is the opinion of this Office that the Negro institu-tions which receive a part of the Federal funds providedunder the Morrill Acts and supplementary legislation (12Stat. 503; 26 Stat. 417; 34 Stat. 1281; and 49 Stat. 439)are governed by the same legal provisions which governother land-grant colleges, including the requirement ofthe Act of July 2, 1862, that military tactics be taughttherein. The fact of segregation itself does not affect thedesignated institution's rights and obligations, and Mor-rill Act funds are specifically available only to institutionsestablished "in accordance with" the conditions of the1862 enactment. The legislative history and the recordedinterpretations of the Acts also enforce the conclusionthat there is no legal basis for a failure to require a sub-stantial course in military tactics to be offered by Negroinstitutions participating in grants under all or any of thefour Acts of Congress noted above. Opinion of the Gen-eral Counsel, Federal Security Agency, July 13, 1949

19 17

Land-Grant Colleges ConstitutedDepositories of Public Documents byAct of March 1, 1907[Clause from an amendment to an act providing for thepublic printing, binding, and distribution of public docu-ments]

All land-grant colleges shall be constituted as deposi-tories for public documents, subject to the provisions andlimitations of the depository laws. (34 Stat., 1014)

Free Mailing Privilege for AnnualReports of Land-Grant Colleges[Excerpt from Postal Laws and Regulations of the UnitedStates (1924) relating to the free transmission of annualreports of agricultural and mechanic arts colleges]

Postmasters at offices where colleges are establishedunder the provisions of the act of July 2, 1862, shallreceive from the officers thereof the reports referred toaddressed, one copy each, to such other colleges and tothe Secretary of the Interior and the Secretary of Agricul-ture, and affix to each a penalty label or official envelopof the post office, and forward the same free.

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HATCH ACT OF 1887,AS AMENDED

The Hatch Act of 1887 authorized federal-grant funds fordirect payment to each state that would establish an agriculturalexperiment station in connection with the land-grant collegeestablished under the provisions of the Morrill Act of July 2,1862, and of all supplementary acts.

In 1955 the Hatch Act of 1887 was amended to bring aboutconsolidation of the several federal laws relating to the appro-priation offederal-grant funds for the support of agriculturalexperiment stations in the states, Alaska. Hawaii, and PuertoRico. With this amendment the Adams Act of 1906 and the Pur-nell Act of 1925, as well as the Bankhead-Jones Act of 1935 andtitle I, section 9, of the amendment of 1945 to the Bankhead-Jones Act, as the latter two laws applied to agricultural experi-ment stations, were repealed.

[An Act to establish agricultural experiment stations in con-nection with the colleges established in the several Statesunder the provisions of an act approved July second, eigh-teen hundred and sixty-two, and of the acts supplementarythereto]

Be it enacted by the Senate and the House of Representativesof the United States of America in Congress assembled, It is thepolicy of Congress to continue the agricultural researchat State agricultural experiment stations which has beenencouraged and supported by the HatchAct of 1887, theAdams Act of 1906, the Purnell Act of 1925, theBankhead-Jones Act of 1935, and title I, section 9, ofthat Act as added by the Act of August 14, 1946, andActs amendatory and supplementary thereto, and to pro-mote the efficiency of such research by a codification andsimplification of such laws. As used in this Act, the terms"State" or "States" are defined to include the severalStates, including the District of Columbia, Alaska,Hawaii, Puerto Rico, Guam and the Virgin Islands. Asused in this Act, the term "State agricultural experimentstation" means a department which shall have beenestablished, under direction of the college or universityor agricultural departments of the college or university ineach State in accordance with an Act approved July 2,1862 (12 Stat. 503), entitled "An Act donating publiclands to the several States and Territories which mayprovide colleges for the benefit of agriculture and themechanic acts"; or such other substantially equivalentarrangements as any State shall determine.

Section 2

It is further the policy of the Congress to promote theefficient production, marketing, distribution, and utiliza-tion of products of the farm as essential to the health andwelfare of our peoples and to promote a sound and pros-perous agriculture and rural life as indispensable to themaintenance of maximum employment and nationalprosperity and security. It is also the intent of Congressto assure agriculture a position in research equal to thatof industry, which will aid in maintaining an equitablebalance between agriculture and other segments of oureconomy. It shall be the object and duty of the State

20

agricultural experiment stations through expenditure ofthe appropriations hereinafter authorized to conductoriginal and other researches, investigations, and experi-ments bearing directly on and contributing to the estab-lishment and maintenance of a permanent and effectiveagricultural industry of the United States, includingresearches basic to the problems of agriculture in itsbroadest aspects, and such investigations as have fortheir purpose the development and improvement of therural home and rural life and the maximum contributionby agriculture to the welfare of the consumer, as may bedeemed advisable, having due regard to the varying con-ditions and needs of the respective States.

Section 3

(a) There are hereby authorized to be appropriated forthe purposes of this Act such sums as Congress may fromtime determine to be necessary.

(b)( 1 ) Out of such sums each State shall be entitled toreceive annually a sum of money equal to and subject tothe same requirement as to use for marketing researchprojects as the sums received from Federal appropriationsfor State agricultural experiment stations for the fiscalyear 1955, except as the "Regional research fund, Officeof Experiment Stations" shall continue to be available forthe support of cooperative regional projects as defined insubsection 3(c)(3), and the said fund shall be designated"Regional Research, State agricultural experiment sta-tions", and the Secretary of Agriculture shall be entitledto receive annually for the administration of this Act, asum not less than that available for this purpose for thefiscal year ending June 30, 1955: Provided, That if theappropriations hereunder for distribution in any fiscalyear are less than those for the fiscal year 1955 the allot-ment to each State and the amounts for Federal adminis-tration and the regional research fund shall be reducedin proportion to the amount of such reduction.

(2) There is authorized to be appropriated for the fis-cal year ending June 30, 1973, and for each fiscal yearthereafter, for payment to the Virgin Islands and Guam,$100,000 each, which sums shall be in addition to thesums appropriated for the several States of the UnitedStates and Puerto Rico under the provisions of this sec-tion. The amount paid by the Federal Government to theVirgin Islands and Guam pursuant to this paragraph shallnot exceed during any fiscal year, except the fiscal yearsending June 30, 1971, and June 30, 1972, when suchamount may be used to pay the total cost of providingservices pursuant to this Act, the amount available andbudgeted for expenditure by the Virgin Islands andGuam for the purposes of this Act.

(c) Any sums made available by the Congress inaddition to those provided for in subsection (b) hereoffor State agricultural experiment station work shall bedistributed as follows:

1. Twenty per centum shall be allotted equally to eachState,

2. Not less than 52 per centum of such sums shall beallotted to each State, as follows: One-half in an amountwhich bears the same ratio to the total amount to be

allotted as the rural population of the State bears to thetotal rural population of all the States as determined bythe last preceding decennial census current at the timeeach such additional sum is first appropriated; and one-half in an amount that bears the same ratio to the totalamount to be allotted as the farm population of the Statebears to the total farm population of all the States asdetermined by the last preceding decervdal census cur-rent at the time such additional sum is first appropriated;

3. Not more than 25 per centum shall be allotted tothe States for cooperative research in which two or moreState agricultural experiment stations are cooperating tosolve problems that concern the agriculture of more thanone State. The funds available for such purposes,together with funds available pursuant to subsection (b)hereof for like purposes shall be designated as the"Regional research fund, State agricultural experimentstations", and shall be used only for such cooperativeregional projects as are recommended by a committee ofnine persons elected by and representing the directors ofthe State agricultural experiment stations, and approvedby the Secretary of Agriculture. The necessary travelexpenses of the committee of nine persons in perfor-mance of their duties may be paid from the fund estab-lished by this paragraph.

4. (Repealed)5. Three per centum shall be available to the Secretary

of Agriculture for administration of this Act. Theseadministrative funds may be used for transportation ofscientists who are not officers or employees of the UnitedStates to research meetings convened for the purposes ofassessing research opportunities or research planning.

(d) Of any amount in excess of $90,000 availableunder this Act for allotment to any State, exclusive ofthe regional research fund, State agricultural experi-ment stations, no allotment and no payment thereofshall be made in excess of the amount which the Statemakes available out of its own funds for research andfor the establishment and maintenance of facilitiesnecessary for the prosecution of such research: Andprovided further, That if any State fails to make avail-able for such research purposes for any fiscal year asum equal to the amount in excess of $90,000 towhich it may be entitled for such year, the remainderof such amount shall be withheld by the Secretary ofAgriculture and reapportioned among the States.

(e) "Administration" as used in this section shallinclude participation in planning and coordinatingcooperative regional research as defined in subsection3(c)3.

(f) In making payments to States, the Secretary ofAgriculture is authorized to adjust any such paymentto the nearest dollar.

(g) If in any year the amount made available by aState from its own funds (including and revenue-sharingfunds) to a State agricultural experiment station isreduced because of an increase in an allotment madeavailable under this Act, the allotment of the State agri-cultural experiment stations from the appropriations inthe next succeeding fiscal year shall be reduced in an

2 1 19

equivalent amount. The Secretary shall reapportion theamount of such reduction to other States for use by theiragricultural experiment stations.

Section 4Moneys appropriated pursuant to this Act shall also be

available, in addition to meeting expenses for researchand investigations conducted under authority of section2, for printing and disseminating the results of suchresearch, retirement of employees subject to the provi-sions of an Act approved March 4, 1940 (54 Stat. 39),administrative planning and direction and for the pur-chase and rental of land and the construction, acquisi-tion, alteration, or repair of buildings necessary for con-ducting research. The State agricultural experiment sta-tions are authorized to plan and conduct any researchauthorized under section 2 of this Act in cooperationwith each other and such other agencies and individualsas may contribute to the solution of the agriculturalproblems involved, and moneys appropriated pursuant tothis Act shall be available for paying the necessaryexpenses of planning, coordinating, and conducting suchcooperative research.

Section 5Sums available for allotment to the States under the

terms of this Act, excluding the regional research fundauthorized by subsection 3(c)3, shall be paid to eachState agricultural experiment station in equal quarterlypayments beginning on the first day of October of eachfiscal year upon vouchers approved by the Secretary ofAgriculture. Each such station authorized to receiveallotted funds shall have a chief administrative officerknown as a director, and a treasurer or other officerappointed by the governing board of the station. Suchtreasurer or other officer shall receive and account for allfunds allotted to the State under the provisions of thisAct and shall report, with the approval of the director tothe Secretary of Agriculture on or before the first day ofDecember of each year a detailed statement of theamount received under provisions of this Act during thepreceding fiscal year, and of its disbursement on sched-ules prescribed by the Secretary of Agriculture. If anyportion of the allotted moneys received by the autho-rized receiving officer of any State agricultural experi-ment station shall by any action or contingency bediminished, lost, or misapplied, it shall be replaced by theState concerned and until so replaced no subsequentappropriation shall be allotted cm paid to such State.

Section 6Bulletins, reports, periodicals, reprints of articles, and

other publications necessary for the dissemination ofresults of the researches and experiments, including listsof publications available for distribution by the experi-ment stations, shall be transmitted in the mails of theUnited States under penalty indicia: Provided, however,That each publication shall bear such indicia as are pre-scribed by the Postmaster General and shall be mailedunder such regulations as the Postmaster General mayfrom time to time prescribe. Such publications may be

20

mailed from the principal place of business of the stationor from an established subunit of said station.

Section 7The Secretary of Agriculture is hereby charged with

the responsibility for the proper administration of thisAct, and is authorized and directed to prescribe suchrules and regulations as may be necessary to carry out itsprovisions. It shall be the duty of the Secretary to furnishsuch advise and assistance as will best promote the pur-poses of this Act, including participation in coordinationof research initiated under this Act by the State agricul-tural experiment station, from time to time to indicatesuch lines of inquiry as to him seem most important, andto encourage and assist in the establishment and mainte-nance of cooperation by and between the several Stateagricultural experiment stations, and between the sta-tions ancithe United States Department of Agriculture.

On or before the first day of October in each year afterthe passage of this Act, the Secretary of Agriculture shallascertain as to each State whether it is entitled to receiveits share of the annual appropriations for agriculturalexperiment stations under this Act and the amountwhich thereupon each is entitled, respectively, to receive.

Whenever it shall appear to the Secretary of Agricul-ture from the annual statement of receipts and expendi-tures of funds by any State agricultural experiment sta-tion that any portion of the preceding annual appropria-tion allotted to that station under this Act remains unex-pended, such 'amount shall be deducted from the nextsucceeding annual allotment to the State concerned.

If the Secretary of Agriculture shall withhold from anvState any portion of the appropriations available forallotment, the facts and reasons therefor shall bereported to the President and the amount involved shallbe kept separate in the Treasury until the close of thenext Congress. If the next Congress shall not direct suchsum to be paid, it shall be carried to surplus.

Section 8Nothing in this Act shall be construed to impair or

modify the legal relation existing between any of the col-leges or universities under whose direction State agricul-tural experiment stations have been established and thegovernment of the States in which they are respectivelylocated. States having agricultural experiment stationsseparate from such colleges or universities and estab-lished by law, shall be authorized to apply such benefitsto research at stations so established by such States: Pro-vided, That in any State in which more than one suchcollege, university, or agricultural experiment station hasbeen established the appropriations made pursuant tothis Act for such State shall be divided between suchinstitutions as the legislature of such State shall direct.

Section 9The Congress may at any time, amend, suspend, or

repeal any or all provisions of this Act.

SMITH-LEVER ACT OF 1914,AS AMENDED

Section 1In order to aid in diffusing among the people of the

United States useful and practical information on sub-jects relating to agriculture, home economics, and ruralenergy, and to encourage the application of the same,there may be continued or inaugurated in connectionwith the college or colleges in each State, Territory, orpossession, now receiving, or which may hereafterreceive, the benefits of the Act of Congress approved Julysecond, eighteen hundred and sixty-two, entitled "AnAct donating public lands to the several States and Terri-tories which may provide colleges for the benefit of agri-culture and the mechanic arts," and of the Act of Con-gress approved August thirtieth, eighteen hundred andninety, agricultural extension work which shall be car-ried on in cooperation with the United States Depart-ment of Agriculture: Provided, That in any State, Terri-tory, or possession in which two or more such collegeshave been or hereafter may be established, the appropri-ations hereinafter made to such State, Territory, or pos-session shan he administered by such college or collegesas the legislature of such State, Territory, or possessionmay direct.

Section 2Cooperative agricultural extension work shall consist

of the development of practical applications of researchknowledge and giving of instruction and practicaldemonstration of existing or improved practices or tech-nologies in agriculture, home economics, and ruralenergy, and subject relating thereto to persons notattending or resident in said colleges in the several com-munities, and imparting information on said subjectsthrough demonstrations, publications, and otherwise andfor the necessary printing and distribution of informationin connection with the foregoing; and this work shall becarried on in such manner as may be mutually agreedupon by the Secretary of Agriculture and the State agri-cultural college or colleges or Territory or possessionreceiving the benefits of this Act.

Section 3(a) There are hereby authorized to be appropriated for

the purposes of this Act such sums as Congress may fromtime to time determine to be necessary.

(b)(I) Out of such sums, each State and the FederalExtension Service shall be entitled to receive annually asum of money equal to the sums available from the Fed-eral cooperative extension funds for the fiscal year 1962,and subject to the same requirements as to furnishing ofequivalent sums by the State, except that amountsheretofore made available to the Secretary for allotmenton the basis of special needs shall continue available foruse on the same basis.

(b)(2) There is authorized to be appropriated for thefiscal year ending June 30, 1971, and for each fiscal year

thereafter, for payment to the Virgin Islands, Guam, andthe Northern Mariana Islands, $100,000 each, whichsums shall be in addition to the sums appropriated forthe several States of the United States and Puerto Ricounder the provisions of this section. The amount paid bythe Federal Government to the Virgin Islands and Guampursuant to this paragraph shall not exceed during anyfiscal year, except the fiscal years ending June 30, 1971,and June 30, 1972, when such amount may be used topay the total cost of providing services pursuant to thisAct, the amount available and budgeted for expenditureby the Virgin Islands and Guam for the purposes of thisAct.

(c) Any sums made available by the Congress for fur-ther development of cooperative extension work in addi-tion to those referred to in subsection (b) hereof shall bedistributed as follows:

1. Four per centum of the sum so appropriated foreach fiscal year shall be allotted to the Federal ExtensionService for administrative, technical, and other services,and for coordinating the extension work of the depart-ment and the several States, Territories, and possessions.

2. Of the remainder so appropriated for each fiscalyear 20 per centum shall be paid to the several States inequal proportions, 40 per centum shall be paid to theseveral States in the proportion that the rural populationof each bears to the total rural population of the severalStates as determined by the census, and the balance shallbe paid to the several States in the proportion that thefarm population of each bears to the total farm popula-tion of the several States as determined by the census:Provided, That payments out of the additional appropria-tions for further development of extension work autho-rized herein may be made subject to the making avail-able of such sums of public funds by the States fromnon-Federal funds for the maintenance of cooperativeagricultural extension work provided for in the Act, asmay be provided by the Congress at the time such addi-tional appropriations are made: Provided further, That anyappropriation made hereunder shall be allotted in thefirst and succeeding years on the basis of the decennialcensus current at the time such appropriation is made,and as to any increase, on the basis of decennial censuscurrent at the time such increase is first appropriated.

(d) The Federal Extension Service shall receive suchadditional amounts as congress shall determine foradministration, technical, and other services and forcoordinating the extension work of the Department andthe several States, Territories, and possessions.

(e) Insofar as the provisions of subsections (b) and (c)of this section, which require or permit Congress torequire matching of Federal funds, apply to the VirginIslands of the United States and Guam, such provisionsshall be deemed to have been satisfied, for the fiscalyears ending September 30, 1978, and September 30,1979, only, if the amount budgeted and available forexpenditure by the Virgin Islands of the United Statesand Guam in such years equal the amounts budgetedand available for expenditure by the Virgin Islands of theUnited States and Guam in the fiscal year ending Sep-tember 30, 1977.

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(f)(1) The Secretary of Agriculture may conduct edu-cational, instructional, demonstration, and publicationdistribution programs through the Federal Extension Ser-vice and enter into cooperative agreements with privatenonprofit and profit organizations and individuals toshare the cost of such programs through contributionsfrom private sources as provided in this subsection.

(f)(2) The Secretary may receive contributions underthis subsection from private sources for the purposesdescribed in paragraph (1) and provide matching fundsin an amount not greater than 50 percent of such contri-butions.

Section 4

On or about the first day of October in each year afterthe passage of this Act, the Secretary of Agriculture shallascertain as to each State whether it is entitled to receiveits share of the annual appropriation for cooperative agri-cultural extension work under this Act and the amountwhich it is entitled to receive. Before the funds hereinprovided shall become available to any college for anyfiscal year, plans for the work to be carried on under thisAct shall be submitted by the proper officials of each col-lege and approved by the Secretary of Agriculture. TheSecretary shall ensure that each college seeking toreceive funds under this Act has in place appropriateguidelines, as determined by the Secretary, to minimizeactual or potential conflicts of interest among employeesof such colleges whose salaries are funded in whole or inpart with such funds. Such sums shall be paid in equalquarterly payments in or about October, January, April,and July of each year to the Treasurer or other officer ofthe State duly authorized by the laws of the State toreceive the same, and such officer shall be required toreport to the Secretary of Agriculture on or about thefirst day of April of each year, a detailed statement of theamount so received during the previous fiscal year andits disbursement, on forms prescribed by the Secretary ofAgriculture.

Section 5

If any portion of the moneys received by the desig-nated officer of any State for the support and mainte-nance of cooperative agricultural extension work, as pro-vided in this Act, shall by any action or contingency bediminished or lost or be misapplied, it shall be replace bysaid State, and until so replaced no subsequent appropri-ation shall be apportioned or paid to said State. No por-tion of said moneys shall be applied, directly or indi-rectly, to the purchase, erection, preservation, or repairof any building or buildings, or the purchase or rental ofland, or in college-course teaching, lectures in college, orany other purpose not specified in this Act. It shall be theduty of said colleges, annually, on or about the first dayof January, to make to the Governor of the State inwhich it is located a full and detailed report of its opera-tions in extension work as defined in this Act, includinga detailed statement of receipts and expenditures from allsources for this purpose, a copy of which report shall besent to the Secretary of Agriculture.

22

Section 6

If the Secretary of Agriculture finds that a State is notentitled to receive its share of the annual appropriation,the facts and reasons therefor shall be reported to thePresident, and the amount involved shall be kept sepa-rate in the Treasury until the expiration of the Congressnext succeeding a session of the legislature of the Statefrom which funds have been withheld in order that theState may, if it should so desire, appeal to Congress fromthe determination of the Secretary of Agriculture. If thenext Congress shall not direct such sum to be paid, itshall be covered into the Treasury.

Section 7

Repealed. (Dealt with an annual report to Congress.)

Section 8

The Congress finds that there exists special circum-stances in certain areas which cause such areas to be at adisadvantage insofar as agricultural development is con-cerned, which circumstances include the following:

(1) There is concentration of farm families on farmseither too small or too unproductive or both;

(2) such farm operators because of limited productiv-ity are unable to make adjustments and investmentsrequired to establish profitable operations;

(3) the productive capacity of the existing farm unitdoes not permit profitable employment of available labor;

(4) because of limited resources, many of these farmfamilies are not able to make full use of current exten-sion programs designed for families operating economicunits nor are extension facilities adequate to provide theassistance needed to produce desirable results.

(b) In order to further the purposes of section 2 insuch areas and to encourage complementary develop-ment essential to the welfare of such areas, there arehereby authorized to be appropriated such sums as theCongress from time to time shall determine to be neces-sary for payments to the States on the basis of specialneeds in such areas as determined by the Secretary ofAgriculture.

(c) In determining that the area has a special need,the Secretary shall find that it has a substantial numberof disadvantaged farms or farm families for one or moreof the reasons heretofore enumerated. The Secretaryshall make provisions for the assistance to be extended toinclude one or more of the following:

(1) Intensive on-the-farm t ,licational assistance tothe farm family in appraising and resolving its problems;

(2) assistance and counseling to local groups inappraising resources for capability of improvement inagriculture or introduction of industry designed to sup-plement farm income;

(3) cooperation with other agencies and groups in fur-nishing all possible information as to existing employ-ment opportunities, particularly to farm families havingunderemployed workers; and

(4) in cases where the farm family, after analysis of itsopportunities and existing resources, finds it advisable to

24

seek a new farming venture, the providing of informa-tion, advice, and counsel in connection with makingsuch change.

(d) No more than 10 per centum of the sums avail-able under this section shall be allotted to any one State.The Secretary shall use project proposals and plans ofwork submitted by the State Extension directors as abasis for determining the allocation of funds appropriatedpursuant to this section.

(e) Sums appropriated pursuant to this section shallbe in addition to, and not in substitution for, appropria-tions otherwise available under this Act. The amountsauthorized to be appropriated pursuant to this sectionshall not exceed a sum in any year equal to 10 per cen-tum of sums otherwise appropriated pursuant to this Act.

Section 9

The Secretary of Agriculture is authorized to makesuch rules and regulations as may be necessary for carry-ing out the provisions of this Act.

Section 10

1 The term "State" means the States of the TJnion,Puerto Rico, the Virgin Islands, Guam, and the NorthernMariana Islands.

(Code reference is 7 U.S.C. 341 et seq.)1 P.L. 96-374, Section 1361(c) states: Any provision of

any Act of Congress relating to the operation or provi-sion of assistance to a land-grant college in AmericanSamoa and in Micronesia in the same manner and to thesame extent.

25

IMPROVING AMERICA'SSCHOOL ACT OF 1994Title V Miscellaneous Provisions

PART C--1994 INSTITUTIONS

SEC. 531. Short Title.This part may be cited as the "Equity in Educa-

tional Land-Grant Status Act of 1994."[An act conferring Land-Grant status on 29 tribal col-leges.]

SEC. 532. Definition.As used in this part, the term "1994 Institutions"

means any one of the following colleges: (1) Bay MillsCommunity College (2) Blackfeet Community College.(3) Cheyenne River Community College. (4) D-Q Uni-versity (5) Dullknife Memorial College. (6) Fond Du LacCommunity College. (7) Fort Belknap Community Col-lege (8) Fort Berthold Community College (9) Fort PeckCommunity College (10) LacCourte Oriel les OjibwaCommunity College (11) Little Big Horn CommunityCollege. (12) Little Hoop Community College. (13)Nebraska Indian Community College (14) NorthwestIndian College. (15) Oglala Lakota College. (16) SalishKootenai College. (17) Sinte Gleska University. (18) Sis-seton Wahpeton Commu:aty College. (19) StandingRock College. (20) Stonechild Community College. (21)Turtle Mountain Community College (22) Navajo Com-munity College. (23) United Tribes Technical College (24)Southwest Indian Polytechnic Institute. (25) Institute ofAmerican Indian and Alaska Native Culture and ArtsDevelopment. (26) Crownpoint Institute of Technology.(27) Haskell Indian Junior College. (28) Leech LakeTribal College. (29) College of the Menominee Nations.

SEC. 533. Land-Grant Status for 1994 Institutions.(a) In General(1) Status of 1994 Institutions.Except as provided in

paragraph (2), 1994 Institutions shall be considered land-grant colleges established for the benefit of agricultureand the mechanic arts in accordance with the provisionsof the Act of July 2, 1862 (12 Stat. 503, 7 U.S.C. 301 etseq.) (commonly known as the First Morrill Act).

(2) 1994 Institutions.(A) 1994 Institutions shall not be considered as land-

grant colleges that are eligible to receive funding under(i) the Act of March 2, 1887 (24 Stat. 440, chapter314; 7 U.S.C. 361a et seq.)(ii) the Act of May 8, 1914 (38 Stat. 373, chapter79; 7 U.S.C. 343), except as provided under section3(b)(3) of such Act (as added by section 534(b)(1)of this part); or(iii) the Act of August 30, 1890 (26 Stat. 417, chap-ter 841, 7 U.S.C. 321 et seq.) (commonly known asthe Second Morrill Act.)(B) In lieu of receiving donations under the provisions

of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et

23

seq.) (commonly known as the First Morrill Act), relat-ing to the donations of public land or scrip for theendowment and maintenance of colleges for the benefitof agriculture and the mechanic arts, 1994 Institutionsshall receive funding pursuant to the authorizationunder subsection (b).

(b) Authorization of Appropriations.There areauthorized to be appropriated $4,600,000 for each of fis-cal years 1996 through 2000. Amounts appropriated pur-suant to this section shall be held and considered to havebeen granted to 1994 Institutions to establish an endow-ment pursuant to subsection (c).

(c) Endowment.( I) In General.In accordance with this subsection,

the Secretary of the Treasury shall establish a 1994 Insti-tutions Endowment Fund (hereafter in this subsectionreferred to as the "endowment fund"). The Secretarymay enter into such agreements as are necessary to carryout this subsection.

(2) Deposit of the Endowment Fund.The Secretaryshall deposit in the endowment fund any

(A) amounts made available by appropriations pur-suant to subsection (b) (hereafter in this subsectionreferred to as the "endowment fund corpus"); and

(B) interest earned on the endowment fund corpus.

(3) Investments.The Secretary shall invest theendowment fund corpus and income in interest-bearingobligations of the United States.

(4) Withdrawals and Expenditures.The Secretarymay not make a withdrawal or expenditure from theendowment fund corpus. On the termination of each fis-cal year, the Secretary shall withdraw the amount of theincome from the endowment fund for the fiscal year,and after making adjustments for the cost of administer-ing the endowment fund, distribute the adjusted incomeas follows:

(A) 60 percent of the adjusted income shall be distrib-uted among the 1994 Institutions on a pro rata basis. Theproportionate share of the adjusted income received by a1994 Institution under this subparagraph shall be basedon the Indian student count (as defined in section 390(3)of the Carl D. Perkins Vocational and Applied TechnologyEducation Act (20 U.S.C. 2397h(3)) for each 1994 Insti-tution for the fiscal year.

(13) 40 percent of the adjusted income shall be distrib-uted in equal shares to the 1994 Institutions.

SEC. 534. Appropriations.(a) Authorization of Appropriations.(1) In General.For fiscal year 1996, and for each fis-

cal year thereafter, there are authorized to be appropri-ated to the Department of the Treasury an amount equalto

(A) $50,000; multiplied by(13) the number of 1994 Institutions.

(2) Paymentsfor each fiscal year, the Secretary ofthe Treasury shall pay to the treasurer of each 1994 Insti-tution an amount equal to-

24

(A) the total amount made available by appropriationspursuant to paragraph (1); divided by

(B) the number of 1994 Institutions.

(3) Use of Funds; Requirements.The amountsauthorized to be appropriated under this subsection shallbe used in the same manner as is prescribtd for collegesunder the Act of August 30, 1890 (26 Stat. 417, chapter841, 7 U.S.C. 321 et seq.) (commonly known as the Sec-ond Morrill Act), and, except as otherwise provided inthis subsection, the requirements of such Act shall applyto 1994 Institutions.

(b) Funding.Section 3 of the Act of May 8, 1914(38 Stat. 373, chapter 79; 7 U.S.C. 343) is amended

(1) in subsection (b), by adding at the end the follow-ing new paragraph:

"(3) There are authorized to be appropriated for thefiscal year ending June 30, 1996, and for each fiscal yearthereafter, for payment on behalf of the 1994 Institutions(as defined in section 532 of the Equity in EducationalLand-Grant Status Act of 1994), $5,000,000 for the pur-poses set forth in section 2. Such sums shall be in addi-tion to the sums appropriated for the several States andPuerto Rico, the Virgin Islands, and Guam under the pro-visions of this section. Such sums shall be distributed onthe basis of a competitive application process to be devel-oped and implemented by the Secretary and paid by theSecretary to State institutions established in accordancewith the provisions of the Act of July 2, 1862 (12 Stat.503, chapter 130; 7 U.S.C. 301 et seq.) (commonlyknown as the First Morrill Act) (other than 1994 Institu-tions) and administered by such institutions throughcooperative agreements with 1994 Institutions in theStates of the 1994 Institutions in accordance with regula-tions that the Secretary shall adopt."

(2) by redesignating subsection (f) as subsection (g),and

(3) by inserting after subsection (e) the following newsubsection: (f) There shall be no matching requirementfor funds made available pursuant to subsection (b)(3).".

SEC. 535. Institutional Capacity Building Grants.

(a) Definitions.As used in this section:(1) Federal Share.The term "Federal share" means

with respect to a grant awarded under subsection (b), theshare of the grant that is provided from Federal funds.

(2) Non-Federal Share.The term "non-Federalshare" means, with respect to a grant awarded undersubsection (b) the matching funds paid with funds otherthan funds referred to in paragraph (1), as determined bythe Secretary.

(3) Secretary.The term "Secretary" means the Secre-tary of Agriculture.

(b) In General.(1) Institutional Capacity Building Grants.For each

oi fiscal years 1996 through 2000, the Secretary shallmake two or more institutional capacity building grantsto assist 1994 Institutions with constructing, acquiring,and remodeling buildings, laboratories, and other capital

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facilities (including fixtures and equipment) necessary toconduct instructional activities more effectively in agri-culture and sciences.

(2) Requirements for Grants.The Secretary shallmake grants under this section

(A) on the basis of a competitive application processunder which appropriate officials of 1994 Institutionsmay submit applications to the Secretary in such formand manner as the Secretary may prescribe; and

(B) in such manner as to ensure geographic diversitywith respect to the 1994 Institutions that are the subjectof the grants.

(3) Demonstration of Need.The Secretary shallrequire as part of an application for a grant under thissubsection, a demonstration of need. The Secretary mayonly award a grant under this subsection to an applicantthat demonstrates a failure to obtain funding for a pro-ject after making a reasonable effort to otherwise obtainthe funding.

(4) Payment of Non-Federal Share.A grant awardedunder this subsection shall be made only if the recipientof the grant pays a non-Federal share in an amountspecified by the Secretary.

(c) Authorization of Appropriations.There areauthorized to be appropriated to the Department of Agri-culture to carry out this section, $1,700,000 for each offiscal years 1996 through 2000.

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SI For Further Reading

Anderson, G. Lester, ed. Land-Grant Universities andTheir Continuing Challenge. Michigan State U. P., 1976.A People and a Spirit Serving the Nations of theWorld. Centennial Accomplishments, 1890 Collegesand Universities. Normal, Alabama: Division of HomeEconomics, Alabama A& M University, 1990.

Brickman, William W. and Stanley Lehrer, eds. A Cen-tury of Higher Education: Classical Citadel to CollegiateColossus. New York: Society for the Advancement ofEducation, 1962.

Brubacher, John S. and Willis Rudy. Higher Educationin Transition: A History of American Colleges and Universi-ties, 1636-1976. 1958. New York: Harper & Row, 1976.

Brunner, Henry S. Land-Grant Colleges and Universities1862-1962. U.S. Department of Health, Education, andWelfare: OE 50030, Bulletin 1962, No. 13.

Eddy Jr., Edward Danforth. Colleges for Our Land andTime: The Land-Grant Idea in American Education. NewYork: Harper, 1957.

Hawkins, Hugh. Banding Togethe:r: The Rise of NationalAssociations in American Higher Education, 1887-1950.Baltimore: Johns Hopkins U. P., 1992.

Hofstader, Richard, and Wilson Smith. American HigherEducation: A Documentary History. Chicago: University ofChicago Press, 1961.

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Kerr, Norwood Allen. The Legacy: A Centennial History ofthe State Agriculture Experiment Stations 1887-1987. Mis-souri Agricultural Experiment Station, U. of Missouri-Columbia, 1987.

Knoblauch, H.C., E.M. Law and W. P. Meyer. StateAgricultural Experiment Stations: A History of Research Pol-icy and Procedure. U.S. Department of Agriculture Mis-cellaneous Publication No. 904. May 1962.

Parker, William Belmont. The Life and Public Services ofJustin Smith Morrill. Boston: Houghton Mifflin, 1924.

Rasmussen, Wayne D. Taking the University to the Peo-ple: Seventy-Five Years of Cooperative Extension. Ames:Iowa State U. P., 1989.

Rudolph, Frederick. The American College and University:A History. New York: Alfred A. Knopf, 1962.

Serving the World: The People and Ideas of America's Stateand Land-Grant Universities.Washington, D.C.: Nation,1Association of State Universities and Land-Grant Col-leges, 1987.

Veysey, Laurence R. The Emergence of the American Uni-versity. Chicago: University of Chicago Press, 1965.

Williams, Roger L. The Origins of Federal Support forHigher Education: George W Atherton and the Land-GrantCollege Movement. University Park: Pennsylvania StateUniversity Press, 1992.

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NASULGC Facts

Ii iIWHAT:A voluntary, non-profit association of public universi-ties, the nation's land-grant institutions and manystate university systems, the National Association ofState Universities and Land-Grant Colleges(NASULGC) has member campuses in all 50 statesand the U.S. territories. The association is governedby a chair and board of directors elected from themember colleges, universities and university systems.Its president is C. Peter Magrath, who directs a staff of35 at its Washington, D.C. offices.

WHO:As of March 1995, the association's membershipincluded 181 institutions. Currently NASULGC cam-puses enroll more than 2.9 million students and claimupwards of 20 million alumni.

WHEN:With roots going back to 1887, NASULGC is thenation's oldest higher education association. In 1963,the American Association of Land-Grant Colleges andState Universities merged with the National Associa-tion of State Universities to form the present NationalAssociation of State Universities and Land-Grant Col-leges, or NASULGC (na SUL jick).

WHY:The association's overriding mission is to supporthigh-quality public higher education and its memberinstitutions as they perform their traditional teaching,research and public service roles. NASULGC providesa forum for the discussion and development of poli-cies affecting higher education and the public interest.

HOW:NASULGC aids its members by helping to

Inform Congress, federal agencies, the news media,the general public and others about the special contri-butions of public universities;

Promote a federal legislative program that strength-ens public higher education;

Encourage strong partnerships among public uni-versities and the federal government, state and localgovernments, business and other segments of thehigher education community;

Develop further university-federal governmentpartnerships in areas of mutual interest;

Continue to work in support of historically blackland-grant institutions coordinated through the Officefor the Advancement of Public Black Colleges(OAPBC); and

Continue to work on behalf of urban universities,supporting efforts that enhance the capacity of theseinstitutions to deal with a wide range of urban prob-lems.

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National Association ofState Universities and Land-Grant CollegesOne Dupont Circle, NW Suite 710,Washington, DC 20036-1191

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