2. FEDERAL AID TO THE STATES FOR RESEARCH AND DEVELOPMENT OF COMMERCIAL FISHERIES Act of May 30, 1964 (78 Stat. 197; 16 U.S.C. 779-779f) SHORT TITLE SECTION 1. This Act may be cited as the "Commercial Fisheries Research and Development Act of 1964". Sec. 2. Definitions. Sec. 3. Purpose. TABLE OF CONTENTS Sec. 4. Appropriation authorized. Sec. 5. Apportionment of funds; formula. Sec. 8. Regulations. DEFINITIONS SEC. 2. As used in this Act, the term "Commercial fisheries" means any organization, individual, or group of organizations or individuals engaged in the harvesting, catching, processing, distribution, or sale of fish, shellfish, or fish products. "Fiscal year" means the period beginning July 1 and ending June 30. "Obligated" means the written approval by the Secretary of the Interior of a project submitted by the State agency pursuant to this Act. "Project" means the program of research and development of the commercial fishery resources, including the construction of facilities by the States for the purposes of carrying out the provisions of this Act. "Raw fish" means aquatic plants and animals. "State" means the several States of the United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam. "State agency" means any department, agency, commission, or official of a State authorized under its laws to regulate commercial fisheries. PURPOSE SEC. 3. (a) The purpose of this Act is to authorize the Secretary of the Interior to cooperate with the States through their respective State agencies in carrying out projects designed for the research and development of the commercial fisheries resources of the Nation. Federal funds made available under this Act will be used to supplement, and, to the extent practicable, increase the amounts of State funds that would be made available for commercial fisheries research and development in the absence of these Federal funds. (b) (1) Nothing in this Act prevents any two or more States from acting jointly in carrying out a project. (2) The Congress consents to any compact or agreement between any two or more States for the purpose of carrying out a project. The right to alter, amend, or repeal this subsection or the consent granted under this subsection is expressly reserved. APPROPRIATION AUTHORIZED SEC. 4. (a) There is authorized to be appropriated to the Secretary of the Interior for the next fiscal year beginning after the date of the enactment of this Act, and for the four succeeding fiscal years, $5,000,000 in each year for apportionment to the States to carry out the purposes of this Act. (b) In addition to the amounts authorized in subsection (a) of this section there is authorized to be appropriated for the next fiscal year begining after the date of enactment of this Act, and for the succeeding fiscal year, $400,000 in each such year, and for the next three succeeding fiscal years, $650,000 in each such year, which shall be made available to the States in such amounts as the Secretary may determine appropriate for the purposes of this Act: Provided, That the Secretary shall give a preference to those States in which he determines there is a commercial fishery failure due to a resource disaster arising from natural or undetermined causes, and any sums made available under this subsection may be used either by the States or directly by the Secretary in cooperation with the States for any purpose that the Secretary determines is appropriate to restore the fishery affected by such failure or to prevent a similar failure in the future: Provided further, That the funds authorized to be appropriated under this subsection shall not be available to the Secretary for use as grants for chartering fishing vessels. Amounts appropriated pursuant to this subsection shall remain available until expended. (c) In addition to the funds authorized in subsection (a) and (b), there is authorized to be appropriated $100,000 for the fiscal year beginning after the date of enactment of this Act and for each succeeding fiscal year during the term of this Act, which shall be made available to the States in such amounts as the Secretary may determine for developing a new commercial fishery therein. APPORTIONMENT OF FUNDS; FORMULA SEC. 5. (a) Funds appropriated pursuant to section 4(a) shall be apportioned among the States, by the Secretary, on July 1 of each year or as soon as practicable thereafter, on a basis determined by the ratio which the average of the value of raw fish harvested by domestic commercial fishermen and received within the State (regardless where caught) for the three most recent calendar years for which data satisfactory to the Secretary are available plus the average of the value to the manufacturer of manufactured and processed fishery merchandise manufactured within each State for the three most recent calendar years for which data satisfactory to the Secretary are available, bears to the total average value of all raw fish harvested by domestic commercial fishermen and received within the States (regardless where caught) and fishery merchandise manufactured and processed within the States for the three most recent calendar years for which data satisfactory to the Secretary are available. However, no State may receive an apportionment for any fiscal year of less than one-half of per centum of funds or more than 6 per centum of the funds. 1 (b) So much of any apportionment for any fiscal year which is not obligated during any year remains available for obligation to carry out the purposes of this Act until the close of the succeeding fiscal year, and if unobligated at the end of that year, the sum is returned to the Treasury of the United States. SUBMISSION OF PLANS FOR PROJECTS SEC. 6. (a) Any State desiring to avail itself of the benefits of this Act may, through its State agency, submit to the Secretary full plans, specifications, and estimates of any project proposed for that State. Items included for engineering, planning, inspection, and unforeseen contingencies in connection with any works to be constructed shall not exceed 10 per centum of the cost of the works, and shall be paid by the State as a part of its contribution to the total cost of the works. If the Secretary approves the plans, specifications, and estimates as being consistent with the purposes of this Act and in accordance with standards to be established by him, he shall notify the State agency. No part of any moneys appropriated pursuant to this Act may be obligated with respect to any project until the plans, specifications, and estimates have been submitted to and approved by the Secretary. The expenditure of funds authorized by this Act shall be applied only to approved projects, and if otherwise applied they shall be replaced by the State before it may participate in any further assistance under this Act. APPROVAL (b) If the Secretary approves the plans, specifications, and estimates for the project, he shall promptly notify the State agency and immediately set aside so much of the appropriation made available under section 4(a) of this Act as represents the Federal share payable under this Act on account of the project which sum shall not exceed 75 per centum of the total estimated cost of the project. PAYMENT TO PROPER AUTHORITY (c) When the Secretary determines that a project approved by him had been completed, he shall cause to be paid to the proper authority of the State, the Federal share of the project. The Secretary may, if he determines that the project is being conducted in compliance with the approved plans and specifications, make periodic payments on the project as it progresses, but these payments, together with previous payments, shall not exceed the United States share of the project in conformity with the plans and specifications. The Secretary and each State agency may determine jointly at what time and in what amounts progress payments are made. All payments shall be made to the official or depository, as may be designated by the State agency and authorized under the laws of the State to receive public funds of WORK CONDITIONS SEC. 7. (a) All work, including the furnishing of labor and materials, needed to complete any project approved by the Secretary shall be performed in accordance with applicable Federal and State laws under the direct supervision of the State agency, and in accord ance with regulations as the Secretary may prescribe. Title to all property, real and personal, acquired for the purposes of completing any project approved by the Secretary, vests in the State. PAY RATES (b) All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this Act shall be paid wages at rates not less than those prevailing on similar contruction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a276a-5), and shall receive overtime pay in accordance with and subject to the provisions of the Contract Work Hours Standards Act (Public Law 87-581). The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). (c) If a State disposes of any real or personal property acquired under this Act, the State shall pay into the Treasury of the United States the amount of any proceeds resulting from the property disposal to the extent of and in the same ratio that funds provided by this Act were used in the acquisition of the property. In no case shall the amount paid into the Treasury of the United States under this section exceed the amount of funds provided by this Act for the acquisition of the property involved. REGULATIONS SEC. 8. The Secretary is authorized to make such rules and regulations as he determines necessary to carry out the purposes of this Act. * * * * * B. Fishing vessel construction differential subsidy program Act of June 12, 1960 (74 Stat. 212), as amended (46 U.S.C. 1401-1413) SHORT TITLE The Act of June 12, 1960, as amended by the Act of August 30, 1964, shall be cited as the "United States Fishing Fleet Improvement Act". TABLE OF CONTENTS Sec. 1. Authorization for payment of subsidies for construction of fishing vessels. Sec. 2. Application for subsidy; conditions. Sec. 3. Approval of application; contract for payment of subsidy. Sec. 4. Repealed. Sec. 5. Cost determination and limitation. Sec. 6. Supervision of construction; submission of plans to Secretary of Defense. Sec. 7. Conditions of construction. Sec. 8. Acquisition of ownership by United States; payment for vessel; finality of determination. Sec. 9. Transfer for use in other fisheries. Sec. 10. Rules and regulations. Sec. 11. Definitions. Sec. 12. Authorization of appropriations. AUTHORIZATION FOR PAYMENT OF SUBSIDIES FOR CONSTRUCTION OF FISHING VESSELS SECTION 1. In order to correct inequities in the construction of fishing vessels of the United States, the Secretary of the Interior is authorized to pay in accordance with this Act a subsidy for the construction of such vessels in the shipyards of the United States. (June 12, 1960, § 1, 74 Stat. 212; Aug. 30, 1964, § 2 (1), 78 Stat. 614.) APPLICATION FOR SUBSIDY; CONDITIONS SEC. 2. Any citizen of the United States may apply to the Secretary for a construction subsidy to aid in construction of a new fishing vessel in accordance with this Act. No such application shall be approved by the Secretary unless he determined that (1) the plans and specifications for the fishing vessel are suitable for use in the fishery in which that vessel will operate and suitable for use by the United States for National Defense or military purposes in time of war or National emergency, (2) that the applicant possesses the ability, experience, resources, and other qualifications necessary to enable him to operate and maintain the proposed new fishing vessel, (3) will aid in the development of the United States fisheries under conditions that the Secretary considers to be in the public interest, (4) that the vessel, except under force majeure will deliver its full catch to a port of the United States, (5) that the applicant will employ on the vessel only citizens of the United States or aliens legally domiciled in the United States, (6) the vessel will be documented under the laws of the United |