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pressed its acceptance of the foregoing provisions of this chapter shall have the period of five years within which to provide at least one college, as described in the fourth section of said act, after the time for providing said college, according to the act of July second, eighteen hundred and sixty-two shall have expired."
§ 307. Fees for locating land scrip.-The land officers shall receive the same fees for locating land scrip issued under the provisions of sections 301-306 of this title as was on July 2, 1862, allowed for the location of military bounty land warrants under laws existing at that time: Provided, That their maximum compensation shall not be thereby increased. (July 2, 1862, ch. 130, § 7, 12 Stat. 505.)
§ 308. Reports by State governors of sale of scrip.-The governors of the several States to which scrip shall be issued under the provisions of sections 301-307 of this title shall be required to report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds. (July 2, 1862, ch. 130, § 8, 12 Stat. 505.)
COLLEGE-AID ANNUAL APPROPRIATION
§ 321. Secretary of Interior to administer annual college-aid appropriation.-The Secretary of Interior is hereby charged with the proper administration of sections 322-328 of this title. (Aug. 30, 1890, ch. 841, § 4, 26 Stat. 419.)
§ 322. Annual appropriation generally.-There is annually appropriated, out of any money in the Treasury not otherwise appropriated, to be paid as provided in section 324 of this title, to each State and Territory for the more complete endowment and maintenance of colleges for the benefit of agriculture and the mechanical arts established in accordance with the provisions of sections 301-308 and sections 321-328 of this title, 50,000 to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction: Provided, That said colleges may use a portion of this money for providing courses for the special preparation of instructors for teaching the elements of agriculture and the mechanic arts. (Aug. 30, 1890, ch. 841, § 1, 26 Stat. 417; Mar. 4, 1907, ch. 2907, 34 Stat. 1281, 1282.)
§ 323. Racial discrimination by colleges restricted.--No money shall be paid out under sections 321-328 of this title to any State or Territory for the support or maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of sections 321-328 of this title if the funds received in such State or Territory be equitably divided as hereinafter set forth: Provided, That in any State in which there has been one college established in pursuance of sections 301-308 of this title, and also in which an educational institution of like character has been established, or may be hereafter established,
and is on August 30, 1890, aided by such State from its own revenue, for the education of colored st dents in agriculture and the mechanic arts, however named or styled, or whether or not it has received money prior to August 30, 1890, under sections 301-308 of this title, the legislature of such State may propose and report to the Secretary of the Interior a just and equitable division of the fund to be received under sections 321-328 of this title between one college for white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of sections 321-328 of this title and subject to their provisions, as much as it would have been if it had been included under sections 301-308 of this title, and the fulfillment of the foregoing provisions shall be taken as a compliance with the provision in reference to separate colleges for white and colored students. (Aug. 30, 1890, ch. 841, § 1, 26 Stat. 417.)
§ 324. Time, manner, etc., of annual payments.-The sums appropriated by sections 322-328 of this title to the States and Territories for the further endowment and support of colleges shall be annually paid on or before the 31st day of July of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of the Interior, out of the Treasury of the United States, to the State or Territorial treasurer, or to such officer as shall be designated by the laws of such State or Territory to receive the same, who shall, upon the order of the trustees of the college, or the institution for colored students, immediately pay over said sums to the treasurers of the respective colleges or other institutions entitled to receive the same, and such treasurers shall be required to report to the Secretary of Agriculture and to the Secretary of the Interior, on or before the 1st day of September of each year, a detailed statement of the amount so received and of its disbursement. The grants of moneys authorized by sections 322-328 of this title are made subject to the legislative assent of the several States and Territories to the purpose of said grants. (Aug. 30, 1890, ch. 841, § 2, 26 Stat. 418.)
§ 325. State to replace funds misapplied, etc.; restrictions on use of funds; reports by colleges.-If any portion of the moneys received by the designated officer of the State or Territory for the further and more complete endowment, support, and maintenance of colleges, or of institutions for colored students, as provided in sections 322-328 of this title, shall, by any action or contingency, be diminished or lost, or be misapplied, it shall be replaced by the State or Territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such State or Territory; and no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. An annual report by the president of each of said colleges shall be made to the Secretary of Agriculture, as well as to the Secretary of the Interior, regarding the condition and progress of each college, including statistical information in relation to its receipts and expenditures, its library, the num
ber of its students and professors, and also as to any improvements and experiments made under the direction of any experiment stations attached to said colleges, with their cost and results, and such other industrial and economical statistics as may be regarded as useful, one copy of which shall be transmitted by mail free to all other colleges further endowed under sections 322-328 of this title. (Aug. 30, 1890, ch. 841, § 3, 26 Stat. 418.) § 326. Ascertainment and certification of amounts due States; certificates withheld from States; appeal to Congress.-On or before the 1st day of July in each year, the Secretary of the Interior shall ascertain and certify to the Secretary of the Treasurer as to each State and Territory whether it is entitled to receive. its share of the annual appropriation for colleges, or of institutions for colored students, under sections 322-328 of this title, and the amount which thereupon each is entitled respectively, to receive. If the Secretary of the Interior shall wihhold a cerificate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of the Interior. If the next Congress shall not direct such sum to be paid it shall be covered into the Treasury. (Aug. 30, 1890, ch. 841, § 4, 26 Stat. 419.)
§ 327. Repealed May 29, 1928, ch. 901, § 1, 45 State. 986, 991. Section, act Aug. 30, 1890, ch. 841, § 5, 26 Stat. 419, related to reports by Secretary of the Interior of disbursements and certificates withheld. § 328. Power to amend, repeal, etc., reserved.--Congress may at any time amend, suspend, or repeal any or all of the provisions of sections 322-328 of this title. (Aug. 30, 1890, ch. 841, § 6, 26 Stat. 419.)
RETIREMENT OF EMPLOYEES
§ 331. Retirement of land-grant college employees.-Pursuant to the recognized obligations of governments to guarantee the social security of their employees and in order to provide for the retirement on an annuity, or otherwise, of all persons being paid salaries in whole or in part from grants of Federal funds to the several States and Territories pursuant to the terms of sections 301-308 of this title for the endowment and support of colleges of agriculture and mechanic arts, and sections of this chapter supplementary thereto providing for instruction in agriculture and mechanic arts, for the establishment of agricultural experiment stations, and for cooperative extension work in agriculture and home economics, all States and Territories are hereafter authorized, notwithstanding any contrary provisions in this chapter, to withhold from expenditure, from Federal funds advanced under the terms of this chapter, amounts designated as employer contributions to be made by the States or Territories to retirement systems established in accordance with the laws of such States or Territories or established by the governing boards of colleges of agriculture and mechanic arts in accordance with the authority vested in them, and to deposit such amounts to the credit of such retirement systems for subsequent
disbursement in accordance with the terms of the retirement systems in effect in the respective States and Territories: Provided, That there shall not be deducted from Federal funds and deposited to the credit of retirement accounts as employer contributions, amounts in excess of 5 per centum of that portion of the salaries of employees paid from such Federal funds: Provided further, That, for the purpose of making deposits and contributions in retirement systems in favor of any employee, in no event shall the deductions from any Federal fund advanced pursuant to this chapter be in greater proportion to the total deductions for such employee than the salary received under such Federal funds bears to the total salary from Federal sources: Provided further, That the deposits and contributions from funds of Federal origin to any retirement system established by a State or a land-grant college must be at least equal by the total contributions thereto on the part of the individuals concerned, the State, and the counties: And provided further, That no deductions for the foregoing purposes shall be made from Federal funds in support of employees appointed pursuant to the terms of this chapter whose salaries are paid wholly by the States or Territories: Provided further, That the provisions of this section shall not apply to any employee paid in whole or in part from Federal funds who may be subject to sections 691, 693, 698, 706, 707, 709-715, 716-719, 720-731 of Title 5. (Mar. 4, 1940, ch. 38, 54 Stat. 39.)
ARGRICULTURAL EXTENSION WORK APPROPRIATION
§ 341. Cooperative extension work by colleges authorized.-In order to aid in diffusing among the people of the United States useful and practical information on subjects relating to agriculture and home economics, and to encourage the application of the same, there may be inaugurated in connection with the college or colleges in each State receiving the benefits of the provisions of sections 301-308, 321-328 of this title, agricultural extension work which shall be carried on in cooperation with the United States Department of Agriculture: Provided, That in any State in which two or more such colleges have been or may be established the appropriations in section 343 hereinafter made to such State shall be administered by such college or colleges as the legislature of such State may direct: Provided further, That, pending the inauguration and development of the cooperative extension work herein authorized, nothing in sections 341-343, 344-348 of this title shall be construed to discontinue either the farm management work or the farmers' cooperative demonstration work as conducted May 8, 1914, by the Bureau of Plant Industry of the Department of Agriculture. (May 8, 1914, ch. 79, § 1, 38 Stat. 372.)
§ 342. "Cooperative agricultural work" defined; cooperation with Secretary of Agriculture.-Cooperative agricultural extension work shall consist of the giving of instruction and practical demonstrations in agriculture and home economics to persons not attending or resident in said colleges in the several communities, and imparting to such persons information on said subjects.
through field demonstrations, publications, and otherwise; and this work shall be carried on in such manner as may be mutually agreed upon by the Secretary of Agriculture and the State agricultural college or colleges receiving the benefits of sections 341343, 344-348 of this title. (May 8, 1914, ch. 79, § 2, 38 Stat. 373.) § 343. Appropriation for extension work generally; contribuby State. For the purpose of paying the expenses of said cooperative agricultural extension work and the necessary printing and distributing of information in connection with the same, there is permanently appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $480,000 for each year, $10,000 of which shall be paid annually, in the manner hereinafter provided, to each State which shall by action of its legislature assent to the provisions of sections 341-343, 344-348 of this title: Provided, That there is also permanently appropriated for each year the sum of $4,100,000 in addition to the sum of $480,000 hereinbefore provided: Provided further, That before the funds herein appropriated shall become available to any college for any fiscal year, plans for the work to be carried on under sections 341-343, 344-348 of this title shall be submitted by the proper officials of each college and approved by the Secretary of Agriculture. Such additional sum shall be used only for the purposes stated in section 342 of this title, and shall be allotted annually to each State by the Secretary of Agriculture and paid in the manner hereinbefore provided, in the proportion which the rural population of each State bears to the total rural population of all the States as determined by the next preceding Federal census: Provided further, That no payment out of the additional appropriation herein provided shall be made in any year to any State until an equal sum has been appropriated for that year by the legislature of such State, or provided by State, county, college, local authority, or individual contributions from within the State, for the maintenance of the cooperative agricultural extension work provided for in sections 341-343, 344-348 of this title. (May 8, 1914, ch. 79, § 3, 38 Stat. 373.)
Increase of appropriation provided by this section to extend benefits to Hawaii, see section 386b of this title.
§ 343a. Additional appropriation for extension work; disposition. In order to further develop the cooperative extension system as inaugurated under sections 341-343, 344-348 of this title, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the expenses of the cooperative extension work in agriculture and home economics, and the necessary printing and distributing of information in connection with the same, the sum of $980,000 for each year, $20,000 of which shall be paid annually, in the manner hereinafter provided, to each State and the Territory of Hawaii which shall by action of its legislature assent to the provisions of this section. There is hereby authorized to be appropriated for the fiscal year following that in which the foregoing appropriation first becomes available, and for each year