States Urged by Biden Administration to Rectify Underfunding of Land-Grant HBCUs

Ariana Figueroa, Maryland Matters • February 6, 2024

States engaged in decades of underfunding of land-grant Historically Black Colleges and Universities, leading to a more than $12 billion disparity with comparable white institutions, leaders of the U.S. Department of Education and U.S. Department of Agriculture said last fall.

“Unacceptable funding inequities have forced many of our nation’s distinguished Historically Black Colleges and Universities to operate with inadequate resources and delay critical investments in everything from campus infrastructure to research and development to student support services,” Secretary of Education Miguel Cardona said in a statement.

Cardona and USDA Secretary Tom Vilsack sent a  letter  to each of 16 governors calculating how each state’s land-grant HBCU, established under an 1890 law, has been underfunded per student in state funds from 1987 to 2020.

That figure was arrived at by comparing the HBCU funding to that of land grant institutions that were established in those states for white students in 1862.

Six of those states – Arkansas, Florida, Maryland, Texas, Virginia and West Virginia – have not participated in one-to-one federal match funding for the 1890 land grant HBCU institutions in recent years, but did so for the 1862 land grant institutions.

The secretaries said that inequitable funding of the 1890 institutions “caused a severe financial gap, in the last 30 years alone.”

The letter follows after lawsuits in several states have alleged discrimination was responsible for decades of underfunding of land grant HBCUs.

“This is a situation that clearly predates all of us,” Vilsack and Cardona wrote in their letter. “However, it is a problem that we can work together to solve. In fact, it is our hope that we can collaborate to avoid burdensome and costly litigation that has occurred in several states.”

Maryland settlement

In 2021, the state of Maryland  reached a $577 million settlement  to end a 15-year-old federal lawsuit that accused the state of providing inequitable resources to its four HBCUs.

Vilsack and Cardona sent a letter to Maryland Gov. Wes Moore, a Democrat and the first Black governor of the state. They noted that the 1890 land-grant institution in the state, the University of Maryland Eastern Shore, “has not been able to advance in ways that are on par with University of Maryland – College Park … in large part due to unbalanced funding.”

If UMES was on equal footing with the 1862 land grant institution, it should have received $321 million in funding over the last 30 years, the secretaries said.

The 2021 settlement signed into law is supposed to ensure that UMES receives at least $90.7 million in additional funding by 2031.

In a statement, Moore's office said he was committed to following through on the 2021 settlement. "Governor Moore will continue to support these life-changing colleges and universities that make Maryland a more equitable and competitive state," a spokesperson said.

1890 land-grant Institutions are a byproduct of a Civil War-era law that gave land to dozens of universities for white students, through  the Morrill Act in 1862 , but  the land had been forcibly taken from Indigenous tribes.  In total, nearly 11 million acres were taken from more than 250 tribes,  according to a project  published in High Country News.

Because Black Americans were excluded from those institutions, the Second Morrill Act of 1890 was signed into law and established land-grant institutions for Black students. In total, there are 19 land grant HBCUs. Tuskegee University in Alabama is also a land-grant HBCU but it is a private state-related institution and was not mentioned in the letter to Alabama Gov. Kay Ivey.

The agencies used data from the National Center for Education Statistics Integrated Postsecondary Education Survey from 1987 to 2020 to calculate the amount that HBCU land-grant institutions would have received if their state funding per student were equal to the 1862 institutions.

Delaware and Ohio have equitably funded their respective universities, so those governors did not receive a letter, the secretaries said.

Cardona and Vilsack noted to the governors that “it would be ambitious to address the funding disparity over the course of several years in the state budget.”

They suggested, if that is not possible, “a combination of a substantial state allocation toward the 1890 deficit combined with a forward-looking budget commitment for a two-to-one match of federal land-grant funding for these institutions in order to bring parity to funding levels.”

Cardona and Vilsack stressed to the governors they should not reduce funding at other institutions to rectify funding gaps at the land-grant HBCUs.

Billions in underfunding in Southern states

States like Florida, Louisiana, North Carolina, Tennessee and Texas have billions in underfunding for the land-grant HBCUs in those states, according to the letter.

North Carolina A & T State University has a $2 billion funding disparity, compared with North Carolina State University at Raleigh, the original Morrill Act of 1862 land grant institution, the letter said.

Florida Agricultural and Mechanical University, an 1890 land-grant HBCU, has a $1.9 billion funding gap, according to the letter.

“The longstanding and ongoing underinvestment in Florida Agricultural and Mechanical University disadvantages the students, faculty, and community that the institution serves,” according to the letter. “Furthermore, it may contribute to a lack of economic activity that would ultimately benefit Florida. It is our hope that we can work together to make this institution whole after decades of being underfunded.”

There is currently a class action lawsuit in which FAMU students have alleged racial discrimination in state funding,  according to the Tallahassee Democrat. 

Tennessee State University has a $2.1 billion disparity funding, compared to the University of Tennessee- Knoxville, the 1862 land-grant institution.

Prairie View A & M University in Texas and Southern University and A & M College in Louisiana both have $1.1 billion in underfunding, compared to the 1862 land-grant institutions in their states.

“The documented discrepancies are a clarion call for governors to act without delay to provide significant support for the 1890 land-grant institutions in their respective states,” Vilsack, a former governor of Iowa, said in a statement. “Failing to do so will have severe and lasting consequences to the agriculture and food industry at a time when it must remain resilient and competitive.”

Here’s how each state’s 1890 HBCU has been underfunded in state appropriated funds between 1987 and 2020, according to the secretaries’ letters:


Ariana Figueroa covers the nation’s capital for States Newsroom (Maryland Matters). Her areas of coverage include politics and policy, lobbying, elections and campaign finance.


Maryland Matters Editor Danielle E. Gaines contributed to this report.

Common Sense for the Eastern Shore

By Friends of Megan Outten July 29, 2025
Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com
By John Christie July 29, 2025
Way back in 1935, the Supreme Court determined that independent agencies like the Consumer Product Safety Commission (CPSC), the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) do not violate the Constitution’s separation of powers. Humphrey’s Executor v. United States (1935). Congress provided that the CPSC, like the NLRB and MSPB, would operate as an independent agency — a multi-member, bipartisan commission whose members serve staggered terms and could be removed only “for neglect of duty or malfeasance in office but for no other cause.” Rejecting a claim that the removal restriction interferes with the “executive power,” the Humphrey’s Court held that Congress has the authority to “forbid their [members’] removal except for cause” when creating such “quasi-legislative or quasi-judicial” bodies. As a result, these agencies have operated as independent agencies for many decades under many different presidencies. Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). The majority claimed that they do not now decide whether Humphrey’s should be overruled because “that question is better left for resolution after full briefing and argument.” However, hinting that these agency members have “considerable” executive power and suggesting that “the Government” faces greater “risk of harm” from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty,” the majority gave the President the green light to proceed. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
By Shore Progress, Progessive Maryland, Progressive Harford Co July 15, 2025
Marylanders will not forget this vote.
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By Jan Plotczyk July 9, 2025
More than 30,000 of our neighbors in Maryland’s first congressional district will lose their health insurance through the Affordable Care Act and Medicaid because of provisions in the GOP’s heartless tax cut and spending bill passed last week.
Farm in Dorchester Co.
By Michael Chameides, Barn Raiser May 21, 2025
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By Catlin Nchako, Center on Budget and Policy Priorities May 21, 2025
The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.
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