Second, turn every football (and other major sport) program in the country into Div. 3. There is no reason to have athletic scholarships at the public expense at all. If the pros want to put together a minor league football program and winnow out prospects, then let them pay for it. Public colleges and universities will field teams and play ball. They will also, of course, find ways to give "academic" scholarships to good players; I'm not denying that. Still, all the needless - entertaining, but needless - hoopla that now accompanies college athletics will be relegated to the sidelines. It'll stile on TV, of course - Ivy League games are - and there will still be conferences and TV contracts and some of the rest of it; I think we would be surprised at how quickly the entertainment side would adapt, especially if the pros don't field minor league teams.
Now, admittedly, step 2 here might actually require federal intervention. But make no mistake: the day is coming when the playing field will become so tilted that there will be irresistible pressure on them to act. All we have to do is keep on doing what we are already doing.
There is a simpler solution that the NCAA can enact -- all scholarships stay on the books for 4 years.
If a football player flunks out, goes to jail, gets hurt, goes pro, graduates early, etc, before 4 years is up, that team will play with one less player for the remainder of the 4 year period.
For the one-and-done basketball players, that team will play 3 years with one less player.
This rule puts the burden on the programs and coaches to regulate themselves. They would have to decide if it's worth it to sign this 5* player who is a definite lock for the pros and will leave early.
At some point the field would level itself because the factories would be self-probating, by "losing" scholarships every year. Next year's crop of 5* players have to go somewhere, right? Well, there's no room at Alabama or Kentucky, so they are pushed down the food chain. Some schools will decide it's not worth it, so the kids looking for only a football degree will be left out.
Either talent will be more evenly distributed, or student athletes will once again be able to play college athletics without being pushed aside by not-yet-eligible pro athletes. Either way, college athletics improve, without involving the feds, and without adding more oversight burden on the NCAA.