Title 7AgricultureRelease 119-73not60

§305 Conditions of Grant

Title 7 › Chapter 13— AGRICULTURAL AND MECHANICAL COLLEGES › Subchapter I— COLLEGE-AID LAND APPROPRIATION › § 305

Last updated Apr 3, 2026|Official source

Summary

Land and scrip grants are given to states only if the state legislature agrees and follows certain rules. The state must keep the grant fund's capital intact and replace any lost principal so the fund is never reduced. The yearly interest must be used for the purposes listed in section 304, but up to 10 percent of what a state gets may be spent to buy land for sites or experimental farms if the state legislature allows it. None of the fund or its interest may be used to buy, build, fix, or preserve buildings. A state that accepts must provide at least one qualifying college within five years after acceptance or the grant ends; if the grant ends the state must repay money it got from any land sales, though buyers keep their titles. Each college must send an annual report on progress, costs, experiments, and useful state statistics to the other colleges and to the Secretary of the Interior. Lands whose price was doubled because of railroad grants count at the higher price and the acreage is reduced accordingly. States in rebellion or insurrection cannot get benefits. States had to accept within three years from July 23, 1866; new states get three years from their admission to accept and then five years from acceptance to provide a college.

Full Legal Text

Title 7, §305

Agriculture — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Repeals

Subd. fourth was repealed in part by act
March 3, 1873, which provided in part: “That all laws and parts of laws permitting the transmission by mail of any free matter whatever be, and the same are hereby, repealed from and after June thirtieth, eighteen hundred and seventy-three.” Subd. seventh formerly contained a proviso which read as follows: “Provided further, That any State which has prior to
July 23, 1866, expressed its acceptance of the foregoing provisions of this chapter shall have the period of five years within which to provide at least one college, as described in the fourth section of said act, after the time for providing said college, according to the act of July second, eighteen hundred and sixty-two shall have expired.”

Reference

Citations & Metadata

Citation

7 U.S.C. § 305

Title 7Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60