7 U.S.C. § 305 — Conditions of grant

submitted 164 years ago by ch. 130 to r/title-7-AGRICULTURE · 528 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets the conditions states must accept to receive federal land grants for agricultural colleges. States must protect the grant fund, use it only for teaching and research (not buildings), keep at least one qualifying college running, and report yearly. States in rebellion, or that don't accept the terms in time, lose the benefit.

The land and land-scrip grants authorized here come with conditions that each state's legislature must formally accept: First. If any part of the invested fund from section 304, or its interest, is lost or reduced through any action or event, the state must replace it, so the fund's capital always stays undiminished; the yearly interest must go, without reduction, to the purposes named in section 304, except a state may spend up to 10 percent of what it received under this subchapter on land for building sites or experimental farms, if its legislature allows it. Second. No part of the fund or its interest may ever be used, directly or indirectly, for buying, building, keeping up, or repairing any building. Third. A state claiming this subchapter's benefits must, within five years of accepting them (as described in the seventh condition), have at least one college as described in section 304 running, or lose the grant — and must then repay the U.S. for any land it already sold, though buyers who bought from the state keep valid title. Fourth. Each college must file an annual report on its progress, covering improvements and experiments made, their cost and results, and other useful information such as state industrial and economic statistics; one copy goes by mail to every other college funded under this subchapter, and one to the Secretary of the Interior. Fifth. When a state selects land that's been priced up to double the minimum because of railroad grants, that land counts against the state at the higher price, and the number of acres it gets is reduced proportionally. Sixth. No state in rebellion or insurrection against the U.S. government can get this subchapter's benefits. Seventh. A state only gets this subchapter's benefits if its legislature accepts them within three years of July 23, 1866 — except that a territory that becomes a state can still qualify by accepting within three years of joining the Union, and setting up the college or colleges within five years after accepting, as this chapter otherwise requires.

the actual law source: uscode.house.gov ↗public domain

The grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions contained in said sections, the previous assent of the several States shall be signified by legislative acts:

First. If any portion of the fund invested, as provided by section 304 of this title, or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest shall be regularly applied without diminution to the purposes mentioned in section 304 of this title, except that a sum, not exceeding 10 per centum upon the amount received by any State under the provisions of this subchapter, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said States.

Second. No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings.

Third. Any State which may take and claim the benefit of the provisions of this subchapter shall provide, within five years from the time of its acceptance as provided in subdivision seven of this section, at least not less than one college, as described in section 304 of this title, or the grant to such State shall cease; and said State shall be bound to pay the United States the amount received of any lands previously sold, and the title to purchasers under the State shall be valid.

Fourth. An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their cost and results, and such other matters, including State industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail, by each, to all the other colleges which may be endowed under the provisions of this subchapter, and also one copy to the Secretary of the Interior.

Fifth. When lands shall be selected from those which have been raised to double the minimum price, in consequence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionally diminished.

Sixth. No State while in a condition of rebellion or insurrection against the Government of the United States shall be entitled to the benefit of the provisions of this subchapter.

Seventh. No State shall be entitled to the benefits of the provisions of this subchapter unless it shall express its acceptance thereof by its legislature within three years from July 23, 1866: Provided, That when any Territory shall become a State and be admitted into the Union, such new State shall be entitled to the benefits of the provisions of said sections, by expressing the acceptance therein required within three years from the date of its admission into the Union, and providing the college or colleges within five years after such acceptance, as heretofore prescribed in this chapter.

Source credit: (July 2, 1862, ch. 130, § 5, 12 Stat. 504; July 23, 1866, ch. 209, 14 Stat. 208; Mar. 3, 1873, ch. 231, § 3, 17 Stat. 559.)

history & why it existsrecord from the source credit

1862Enacted · Act of July 2, 1862, ch. 130 · 12 Stat. 504
1866Amended · Act of July 23, 1866, ch. 209 · 14 Stat. 208
1873Amended · Act of Mar. 3, 1873, ch. 231 · 17 Stat. 559

A history note hasn’t been published yet. The record shows enactment by ch. 130 on 1862-07-02.

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