---
kind: "range"
citation: "7 U.S.C. §§ 301–305"
title: "7"
from: "301"
to: "305"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/7/301..305"
---

# §301. Land grant aid of colleges


There is granted to the several [States](/usc/7/349.md), for the purposes hereinafter mentioned in this subchapter, an amount of public land, to be apportioned to each [State](/usc/7/349.md) a quantity equal to thirty thousand acres for each Senator and Representative in Congress to which the [States](/usc/7/349.md) are respectively entitled by the apportionment under the census of 1860: Provided, That no mineral lands shall be selected or purchased under the provisions of said sections.


# §302. Method of apportionment and selection; issuance of land scrip


The land aforesaid, after being surveyed, shall be apportioned to the several [States](/usc/7/349.md) in sections or subdivisions of sections, not less than one-quarter of a section; and whenever there are public lands in a [State](/usc/7/349.md) subject to sale at private entry at $1.25 per acre, the quantity to which said [State](/usc/7/349.md) shall be entitled shall be selected from such lands within the limits of such [State](/usc/7/349.md), and the Secretary of the Interior is directed to issue to each of the [States](/usc/7/349.md) in which there is not the quantity of public lands subject to sale at private entry at $1.25 per acre, to which said [State](/usc/7/349.md) may be entitled under the provisions of this subchapter, land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said [States](/usc/7/349.md) and the proceeds thereof applied to the uses and purposes prescribed in said sections, and for no other use or purpose whatsoever: Provided, That in no case shall any [State](/usc/7/349.md) to which land scrip may thus be issued be allowed to locate the same within the limits of any other [State](/usc/7/349.md), or of any Territory of the [United States](/usc/7/6402.md?p=8), but their assignees may thus locate said land scrip upon any of the unappropriated lands of the [United States](/usc/7/6402.md?p=8) subject to sale at private entry at $1.25, or less, per acre: And provided further, That not more than one million acres shall be located by such assignees in any one of the [States](/usc/7/349.md): And provided further, That no such location shall be made before July 2, 1863.


# §303. Management expenses paid by State


All the expenses of management, superintendence, and taxes from date of selection of said lands, previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, shall be paid by the [States](/usc/7/349.md) to which they may belong, out of the treasury of said [States](/usc/7/349.md), so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes in sections [304](/usc/7/304.md), [305](/usc/7/305.md), [307](/usc/7/307.md) and [308](/usc/7/308.md) of this title mentioned.


# §304. Investment of proceeds of sale of land or scrip


All moneys derived from the sale of lands as provided in [section 302 of this title](/usc/7/302.md) by the [States](/usc/7/349.md) to which lands are apportioned and from the sales of land scrip provided for in said section shall be invested in bonds of the [United States](/usc/7/6402.md?p=8) or of the [States](/usc/7/349.md) or some other safe bonds; or the same may be invested by the [States](/usc/7/349.md) having no [State](/usc/7/349.md) bonds, in any manner after the legislatures of such [States](/usc/7/349.md) shall have assented thereto and engaged that such [funds](/usc/7/4531.md?p=5) shall yield a fair and reasonable rate of return, to be fixed by the [State](/usc/7/349.md) legislatures, and that the principal thereof shall forever remain unimpaired: Provided, That the moneys so invested or loaned shall constitute a perpetual [fund](/usc/7/4531.md?p=5), the capital of which shall remain forever undiminished (except so far as may be provided in [section 305 of this title](/usc/7/305.md)), and the interest of which shall be inviolably appropriated, by each [State](/usc/7/349.md) which may take and claim the benefit of this subchapter, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the [States](/usc/7/349.md) may respectively prescribe, in [order](/usc/7/2902.md?p=10) to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.


# §305. Conditions of grant


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](/usc/7/349.md) shall be signified by legislative acts:

First. If any portion of the [fund](/usc/7/4531.md?p=5) invested, as provided by [section 304 of this title](/usc/7/304.md), or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the [State](/usc/7/349.md) to which it belongs, so that the capital of the [fund](/usc/7/4531.md?p=5) shall remain forever undiminished; and the annual interest shall be regularly applied without diminution to the purposes mentioned in [section 304 of this title](/usc/7/304.md), except that a sum, not exceeding 10 per centum upon the amount received by any [State](/usc/7/349.md) 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](/usc/7/349.md).

Second. No portion of said [fund](/usc/7/4531.md?p=5), 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](/usc/7/349.md) 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](/usc/7/304.md), or the grant to such [State](/usc/7/349.md) shall cease; and said [State](/usc/7/349.md) shall be bound to pay the [United States](/usc/7/6402.md?p=8) the amount received of any lands previously sold, and the title to purchasers under the [State](/usc/7/349.md) 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](/usc/7/349.md) 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](/usc/7/349.md) at the maximum price, and the number of acres proportionally diminished.

Sixth. No [State](/usc/7/349.md) while in a condition of rebellion or insurrection against the Government of the [United States](/usc/7/6402.md?p=8) shall be entitled to the benefit of the provisions of this subchapter.

Seventh. No [State](/usc/7/349.md) 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](/usc/7/349.md) and be admitted into the Union, such new [State](/usc/7/349.md) 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.


