UNITED STATES FISHING FLEET 1 IMPROVEMENT ACT1 [Public Law 86-516, June 12, 1960, as amended by Public Law 88-498, August 30, 1964] AN ACT To provide a program of assistance to correct inequities in the construction of fishing vessels and to enable the fishing industry of the United States to regain a favorable economic status, and for other purposes. Construction subsidies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 ac- 46 U.S.C. 1401. cordance with this Act a subsidy for the construction of such vessels in the shipyards of the United States. Applications. SEC. 2. Any citizen of the United States may apply to Subsidies. 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 emer- 46 U.S.C. 1402. gency, (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 States, (7) the vessel will be of advance design, which will enable it to operate in expanded areas, and be equipped with newly developed gear, and will not operate in a fishery, if such operation would cause economic hardship to efficient vessel operators already operating in that 1 Section 1 of Public Law 88-498 provides as follows: "That the Act of June 12, 1960, as amended, may be cited as the 'United States Fishing Fleet Improvement Act.'" [§ 2] Contracts. fishery, and (8) such other conditions as the Secretary may consider to be in the public interest. SEC. 3. If the Secretary, in the exercise of his discretion after notice and hearing, determines that the granting of a subsidy applied for is reasonably calculated to carry out the purposes of this Act, he may approve such application and enter into a contract or contracts with the applicant which will provide for payment by the 46 U.S.C. 1403. United States of a construction subsidy in accordance with the purposes and provisions of this Act and in accordance with any other conditions or limitations which may be prescribed by the Secretary. Cost determination and limitation. [SEC. 4 deleted August 30, 1964, by Public Law 88498.] SEC. 5. The construction subsidy which the Secretary may pay with respect to any fishing vessel under this Act shall be an amount equal to the difference, as determined by the Maritime Administrator, between the cost of constructing such vessel in a shipyard in the United States based upon the lowest responsible domestic bid for 46 U.S.C. 1405. the construction of such vessel and the estimated cost, as Submission of plans to Secre determined by the Maritime Administrator of constructing such vessel under similar plans and specifications in a foreign shipbuilding center which is determined by the Maritime Administrator to furnish a fair and representative example for the determination of the estimated total cost of constructing a vessel of the type proposed to be constructed, but in no event shall the subsidy exceed 50 per cent of the cost of constructing such vessel in a shipyard in the United States based upon the lowest responsible domestic bid excluding the cost of any features incorporated in the vessel for national defense uses, which shall be paid by the Department of Defense in addition to the subsidy. For the purposes of this section, the Maritime Administrator shall determine, and certify to the Secretary, the lowest responsible domestic bid. SEC. 6. Any fishing vessel for which a construction tary of Defense. subsidy is paid under this Act shall be constructed under the supervision of the Maritime Administrator. The Maritime Administrator shall submit the plans and 46 U.S.C. 1406. Specifications for the proposed vessel to the Department of Defense for examination thereof and suggestions for such changes therein as may be deemed necessary or proper in order that such vessel shall be suitable for economical and speedy conversion into a naval or military auxiliary or otherwise suitable for the use of the United States Government in time of war or national emergency. If the Secretary of Defense approves such plans and specifications as submitted, or as modified, in accordance with the provisions of this subsection, he shall certify such approval to the Administrator. No con struction subsidy shall be paid by the Secretary under this Act unless all contracts between the applicant for such subsidy and the shipbuilder who is to construct such vessel contain such provisions with respect to the construction of the vessel as the Maritime Administrator determines necessary to protect the interests of the United States. [89] construction. SEC. 7. All construction with respect to which a con- Conditions of struction subsidy is granted under this Act shall be performed in a shipyard in the United States as a result of competitive bidding, after due advertising, with the rights reserved in the applicant, and in the Maritime 46 U.S.C. 1407. Administrator, to disapprove any or all bids. In all such construction the shipbuilder, subcontractor, material men, and suppliers shall use, so far as practicable, only articles, materials, and supplies of the growth, production, and manufacture of the United States as defined in paragraph K of section 401 of the Tariff Act of 19 U.S.C. 1401. 1930. No shipbuilder shall be deemed a responsible builder unless he possesses the experience, ability, financial resources, equipment, and other qualifications necessary properly to perform the proposed contract. The submitted bid shall be accompanied by all detailed estimates on which it is based, and the Maritime Administrator may require that the builder or any subcontractor submit any other pertinent data relating to such bids. 46 Stat. 708. Acquisition of U.S. SEC. 8. (a) Every contract executed by the Secretary pursuant to section 3 of this Act shall provide that in the ownership by event the United States shall, through purchase or requisition, acquire ownership of any fishing vessel on which a construction subsidy was paid, the owner shall be paid therefore the value thereof, but in no event shall such payment exceed the actual depreciated construction cost thereof (together with the actual depreciated cost of 46 U.S.C. 1408. capital improvements thereon) less the depreciated amount of construction subsidy theretofore paid incident to the construction of such vessel, or the fair and reasonable scrap value of such vessel as determined by the Maritime Administrator, whichever is the greater. Such determination shall be final. In computing the depreciated value of such vessel, depreciation shall be computed on each vessel on the schedule accepted or adopted by the Internal Revenue Service for income tax purposes. (b) The provisions of section 2 and subsection (a) of this section relating to the requisition or the acquisition of ownership by the United States shall run with the title of each fishing vessel and be binding on all owners thereof. other fisheries. SEC. 9. The Secretary of the Interior, in the exercise of Transfers to his discretion, after notice and hearing, may approve the transfer of a vessel constructed with the aid of a construc- 46 U.S.C. 1409. tion subsidy, whose operations have become uneconomical [§ 9 to end] P.L. 88-498. or less economical because of an actual decline in the particular fishery for which it was designed, to another fishery where he determines that such transfer would not cause economic hardship or injury to efficient vessel operators already operating in that fishery. If any fishing vessel constructed with the aid of a construction subsidy in accordance with the provisions of this Act, as amended, is operated during its useful life, as determined by the Secretary, contrary to the provisions of this Act or any regulations issued thereunder, the owner of such vessel shall repay to the Secretary, in accordance with such terms and conditions as the Secretary shall prescribe an amount not to exceed the total depreciated construction subsidy paid by the Secretary pursuant to this Act and this shall constitute a maritime lien against such vessel. The obligations under this section shall run with the title to the vessel. SEC. 10. The Secretary shall make such rules and regu46 U.S.C. 1410. lations as may be necessary to carry out the purposes of Definitions. 46 U.S.C. 1411. Appropriation. 46 U.S.C. 1412. Expiration date. 46 U.S.C. 1413. this Act. SEC. 11. As used in this Act the terms (1) "Secretary" means the Secretary of the Interior, (2) "fishing vessel" means any vessel designed to be used in catching fish, processing or transporting fish loaded on the high seas, or any vessel outfitted for such activity, (3) "citizen of the United States" includes a corporation, partnership, or association if it is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916, as amended, (4) "construction" includes designing, inspecting, outfitting, and equipping, and (5) "Maritime Administrator" means the Maritime Administrator in the Department of Com merce. SEC. 12. There is authorized to be appropriated the sum of not more than $10,000,000 annually to carry out the purposes of this Act. SEC. 13. No application for a subsidy for the construction of a fishing vessel may be accepted by the Secretary after June 30, 1969. Approved August 30, 1964. NOTE. Pursuant to section 6 of the Fish and Wildlife Act of 1956 (70 Stat. 1122), all functions of the Maritime Administration, Department of Commerce, pertaining to direct loans to aid construction of fishing vessels under authority of title V of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1151), and all functions for Federal ship mortgage insurance for fishing vessels under Title XI of the Act (46 U.S.C. 1271), were transferred to the Department of the Interior by the Bureau of the Budget (23 F.R. 2304, April 9, 1958). See also Public Law 86-577 (74 Stat. REVIEW ACT OF 1950 [PUBLIC LAW 901-81ST CONGRESS] [H.R. 5487] AN ACT To provide for the review of orders of the Federal Communications Commission under the Communications Act of 1934, as amended, and of certain orders of the Secretary of Agriculture made under the Packers and Stockyards Act, 1921, as amended, and the Perishable Agricultural Commodities Act, 1930, as amended, and of orders of the United States Maritime Commission or the Federal Maritime Board or the Maritime Administration under the Shipping Act, 1916, as amended, and the Intercoastal Shipping Act, 1933, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, DEFINITIONS SECTION 1. As used in this Act 5 U.S.C. 1031. 64 Stat. 1129. (a) "Court of appeals" means a court of appeals of 88 Stat. 961. the United States. (b) "Clerk" means the clerk of the court in which the petition for the review of an order, reviewable under this Act, is filed. (c) "Petitioner" means the party or parties by whom a petition to review an order, reviewable under this Act, is filed. (d) When the order sought to be reviewed was entered by the Federal Communications Commission, "agency" means the Commission; when such order was entered by the Secretary of Agriculture, "agency" means the Secretary; when such order was entered by the United States Maritime Commission, or the Federal Maritime Board, or the Maritime Administration, "agency" means that Commission or Board, or Administration, as the case may require; when such order was entered by the Atomic Energy Commission, "agency" means that Commission. JURISDICTION SEC. 2. The court of appeals shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of, all final orders (a) of the Federal Communications Commission made reviewable in accordance with the provisions of section 402(a) of the 5 U.S.C. 1032. 68 Stat. 961. 64 Stat. 1129. |