BANKHEAD-JONES ACT OF 1935

Act of June 29, 1935, ch. 338, 49 Stat. 436, 7 U.S.C. 427 et seq.

AN ACT To provide for research into basic laws and principles relating to agriculture and to provide for the further development of cooperative agriculture extension work and the more complete endowment and support of land-grant colleges Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,

TITLE I

SEC. 1.1 It is hereby declared to be the policy of the Congress to promote the efficient production and utilization of products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum employment and national prosperity. It is also the intent of Congress to assure agriculture a position in research equal to that of industry which will aid in maintaining an equitable balance between agriculture and other sections of our economy. For the attainment of these objectives, the Secretary of Agriculture is authorized and directed to conduct and to stimulate research into the laws and principles underlying the basic problems of agriculture in its broadest aspects, including but not limited to: Research relating to the improvement of the quality of, and the development of new and improved methods of the production, marketing, distribution, processing, and utilization of plant and animal commodities at all stages from the original producer through to the ultimate consumer; research into the problems of human nutrition and the nutritive value of agricultural commodities, with particular reference to their content of vitamins, minerals, amino and fatty acids, and all other constituents that may be found necessary for the health of the consumer and to the gains or losses in nutritive value that may take place at any stage in their production, distribution, processing, and preparation for use by the consumer; research relating to the development of present, new, and extended uses and markets for agricultural commodities and byproducts as food or in commerce, manufacture, or trade, both at home and abroad, with particular reference to those foods and fibers for which our capacity to produce exceeds or may exceed existing economic demand; research to encourage the discovery, introduction, and breeding of new and useful agricultural crops, plants, and animals, both foreign and native, particularly for those crops and plants which may be adapted to utilization in chemical and manufacturing industries; research relating to new and more profitable uses for our resources of agricultural manpow

17 U.S.C. 427. Amended in its entirety by the Act of August 14, 1946, ch. 966, sec. 101(1), 60 Stat. 1082.

er, soils, plants, animals, and equipment than those to which they are now, or may hereafter be, devoted; research relating to the conservation, development, and use of land, forest, and water resources for agricultural purposes; research relating to the design, development, and the more efficient and satisfactory use of farm buildings, farm homes, farm machinery, including the application of electricity and other forms of power; research and development relating to uses of solar energy with respect to farm buildings, farm homes, and farm machinery (including equipment used to dry and cure crops and provide irrigation); applied research to develop agricultural, forestry, and rural energy conservation and biomass energy production and use; 2 research relating to the diversification of farm enterprises, both as to the type of commodities produced, and as to the types of operations performed, on the individual farm; research relating to any other laws and principles that may contribute to the establishment and maintenance of a permanent and effective agricultural industry including such investigations as have for their purpose the development and improvement of the rural home and rural life, and the maximum contribution by agriculture to the welfare of the consumer and the maintenance of maximum employment and national prosperity; and such other researches or experiments bearing on the agricultural industry or on rural homes of the United States as may in each case be deemd [sic.] advisable, having due regard to the varying conditions and needs of Puerto Rico, the respective States, and Territories. In effectuating the purposes of this section, maximum use shall be made of existing research facilities owned or controlled by the Federal Government or by State agricultural experiment stations and of the facilities of the Federal and State extension services. Research authorized under this section shall be in addition to research provided for under existing law but both activities shall be coordinated as far as practicable. For purposes of this title, the term "solar energy" means energy derived from sources (other than fossil fuels) and technologies included in the Federal Non-Nuclear Energy Research and Development Act of 1974, as amended.3 SECS. 2-9.4 (Repealed)

SEC. 10.5 (a) In order to carry out further research on utilization and associated problems in connection with the development and application of present, new, and extended uses of agricultural commodities and products thereof authorized by section 1 of this title, and to disseminate information relative thereto, and in addition to all other appropriations authorized by this title, there is hereby authorized to be appropriated the following sums:

(1) $3,000,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year.

(2) An additional $3,000,000 for the fiscal year ending June 30, 1948, and each subsequent fiscal year.

2 Clause relating to energy research added by section 253 of the Biomass Energy and Alcohol Fuels Act of 1980, Public Law 96-294, 94 Stat. 707.

3 References to "solar energy" added by Food and Agriculture Act of 1977, Public Law 95-113, section 1446, 91 Stat. 1011.

4 Secs. 2-9 were repealed by the Act of August 11, 1955, ch. 790, section 2, 69 Stat. 674.

(3) An additional $3,000,000 for the fiscal year ending June 30, 1949, and each subsequent fiscal year.

(4) An additional $3,000,000 for the fiscal year ending June 30, 1950, and each subsequent fiscal year.

(5) An additional $3,000,000 for the fiscal year ending June 30, 1951, and each subsequent fiscal year.

(6) In addition to the foregoing, such additional funds beginning with the fiscal year ending June 30, 1952, and thereafter, as the Congress may deem necessary.

The Secretary of Agriculture, in accordance with such regulations as he deems necessary, and when in his judgment the work to be performed will be carried out more effectively, more rapidly, or at less cost than if performed by the Department of Agriculture, may enter into contracts with such public or private organizations or individuals as he may find qualified to carry on work under this section without regard to the provisions of section 3709, Revised Statutes, and with respect to such contracts he may make advance progress or other payments without regard to the provisions of section 3648, Revised Statutes. Contracts hereunder may be made for work to continue not more than four years from the date of any such contract. Notwithstanding the provisions of section 5 of the Act of June 20, 1874, as amended (31 U.S.C. 713), any unexpended balances of appropriations properly obligated by contracting with an organization as provided in this subsection may remain upon the books of the Treasury for not more than five fiscal years before being carried to the surplus fund and covered into the Treasury. Research authorized under this subsection shall be conducted so far as practicable at laboratories of the Department of Agriculture. Projects conducted under contract with public and private agencies shall be supplemental to and coordinated with research of these laboratories. Any contracts made pursuant to this authority shall contain requirements making the results of research and investigations available to the public through dedication, assignment to the Government, or such other means as the Secretary shall determine.

(b) In order to carry out further the purposes of section 1, other than research on utilization of agricultural commodities and the products thereof, and in addition to all other appropriations authorized by this title, there is hereby authorized to be appropriated for cooperative research with the State agricultural experiment stations and such other appropriate agencies as may be mutually agreeable to the Department of Agriculture and the experiment stations concerned, the following sums:

(1) $1,500,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year.

(2) An additional $1,500,000 for the fiscal year ending June 30, 1948, and each subsequent fiscal year.

(3) An additional $1,500,000 for the fiscal year ending June 30, 1949, and each subsequent fiscal year.

(4) An additional $1,500,000 for the fiscal year ending June 30, 1950, and each subsequent fiscal year.

(5) In addition to the foregoing such additional funds beginning with the fiscal year ending June 30, 1951, and thereafter, as the Congress may deem necessary.

(c) The Secretary may incur necessary administrative expenses not to exceed 3 per centum of the amount appropriated, in any fiscal year in carrying out this section, including the specific objects of expense enumerated in section 3 of this title.

(d) The "Special research fund, Department of Agriculture", provided by section 4 of this title, shall continue to be available solely for research into laws and principles underlying basic problems of agriculture in its broadest aspects; research relating to the improvement of the quality of, and the development of, new and improved methods of production of, distribution of, and new and extended uses and markets for, agricultural commodities and byproducts and manufactures thereof; and research relating to the conservation, development, and use of land and water resources for agricultural purposes. Such research shall be in addition to research provided for under other law (but both activities shall be coordinated so far as practicable) and shall be conducted by such agencies of the Department of Agriculture as the Secretary of Agriculture may designate or establish.

(e) 6 Appropriations for research work in the Department of Agriculture shall be available for accomplishing such purposes by contract through the means provided in subsection (a) hereof.

(Title II is set forth at p. 18.)

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6 Added by the Act of July 28, 1954, ch. 591, 68 Stat. 574.

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FIRST MORRILL ACT

Act of July 2, 1862, ch. 130, 12 Stat. 503, 7 U.S.C. 301 et seq.

Chap. CXXX.-AN ACT Donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and Mechanic Arts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,1 That there be granted to the several States,2 for the purposes hereinafter mentioned, an amount of public land, to be apportioned to each State a quantity equal to thirty thousand acres for each senator and representative in Congress to which the States are respectively entitled by the apportionment under the census of eighteen hundred and sixty: 3 Provided, That no mineral lands shall be selected or purchased under the provisions of this Act.

17 U.S.C. 301.

2 The College of the Virgin Islands, the University of Guam, the Community College of American Samoa, and the College of Micronesia were included as land-grant colleges by the Act of June 23, 1972, Public Law 92-318, sec. 506 (a) and (b), 86 Stat. 350, 7 U.S.C. 301, note, as amended by the Education Amendments of 1980, Public Law 96-374, sec. 1361(a), 94 Stat. 1501, as follows:

"SEC. 506. (a) The College of the Virgin Islands, the Community College of American Samoa, the College of Micronesia, and the University of Guam shall be considered land-grant colleges established for the benefit of agriculture and mechanic arts in accordance with the provisions of the Act of July 2, 1862, as amended (12 Stat. 501; 7 U.S.C. 301-305, 307, 308).

"(b) In lieu of extending to the Virgin Islands, Guam, American Samoa, and Micronesia those provisions of the Act of July 2, 1862, as amended, relating to donations of public land or land scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, there is authorized to be appropriated $3,000,000 to the Virgin Islands and $3,000,000 to Guam and an equal amount to American Samoa and to Micronesia. Amounts appropriated pursuant to this section shall be held and considered to have been granted to the Virgin Islands, Guam, American Samoa, and Micronesia subject to the provisions of that Act applicable to the proceeds from the sale of land or land scrip."

The Education Amendments of 1980, Public Law 96-374, sec. 1361 (c), (d), 94 Stat. 1502, provided that:

"(c) Any provision of any Act of Congress relating to the operation of or provision of assistance to a land grant college in the Virgin Islands or Guam shall apply to the land grant college in American Samoa and in Micronesia in the same manner and to the same extent.

"(d) Nothing in this section [amending section 326a of this title and provisions set out as a note under this section] shall be construed to interfere with or affect any of the provisions of the April 17, 1900 Treaty of Cession of Tutuila and Aunu'u Islands or the July 16, 1904 Treaty of Cession of the Manu'a Islands as ratified by the Act of February 20, 1929 (45 Stat. 1253) [section 1431a of Title 48, Territories and Insular Possessions] and the act of May 22, 1929 (46 Stat. 4) [amending section 1431a of Title 48]."

Land grants under the Act of July 2, 1862, do not extend to the State of Alaska. Admission of Alaska into the Union was accomplished January 3, 1959, upon issuance of Proc. No. 3269, January 3, 1959, 24 F.R. 81, 73 Stat. c.16, as required by sections 1 and 8(c) of the Act of July 7, 1958, Public Law 85-508, 72 Stat. 339, 48 U.S.C. sec. 21, note. For provisions making the land grant under Alaska Statehood provisions in lieu of grant of acreage under 7 U.S.C., see 301 et seq. (declared not to extend to Alaska), see sec. 6(1) of the Act of July 7, 1958, Public Law 85-508, 72 Stat. 339, 48 U.S.C., sec. 21, note.

The University of the District of Columbia was included as a land-grant college by the District of Columbia Public Postsecondary Education Reorganization Act of October 26, 1974, Public Law 93-471, section 208, 88 Stat. 1428.

3 An exchange of land in the State of Missouri was authorized by the Act of September 4, 1957, Public Law 85-282, sections 1-3, 71 Stat. 607, 7 U.S.C. 301, note, as follows:

"That, notwithstanding the provisions of the Act entitled 'An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts', approved July 2, 1862, (7 U.S.C., secs. 301-308), the State of Missouri is authorContinued