aside for such maintenance projects. Title to any real or personal property acquired by any State, and to improvements placed on Stateowned lands through the use of funds paid to the State under the provisions of this Act, shall be vested in such State. (Aug. 9, 1950, c. 658, § 8, 64 Stat. 433.)

EMPLOYMENT OF PERSONNEL

SEC. 9. Out of the deductions set aside for administering and executing this Act the Secretary of the Interior is authorized to employ such assistants, clerks, and other persons in the District of Columbia and elsewhere, to be taken from the eligible lists of the civil service; to rent or construct buildings outside of the District of Columbia; to purchase such supplies, materials, equipment, office fixtures, and apparatus; and to incur such travel and other expenses, including publication of technical and administrative reports, purchase, maintenance, and hire of passenger-carrying motor vehicles, as he may deem necessary for carrying out the provision of this Act. (Aug. 9, 1950, c. 658, § 9, 64 Stat. 433.)

RULES AND REGULATIONS

SEC. 10. The Secretary of the Interior is authorized to make rules and regulations for carrying out the provisions of this Act. (Aug. 9, 1950, c. 658, § 10, 64 Stat. 434.)

REPORTS TO CONGRESS

SEC. 11. The Secretary of the Interior shall make an annual report to the Congress giving detailed information as to the projects established under the provisions of this Act and expenditures therefor. (Aug. 9, 1950, c. 658, § 11, 64 Stat. 434.)

PAYMENT OF FUNDS TO AND COOPERATION WITH PUERTO RICO, GUAM, AND THE VIRGIN ISLANDS

SEC. 12. The Secretary of the Interior is authorized to cooperate with the Commissioner of Agriculture and Commerce of Puerto Rico, the Governor of Guam, and the Governor of the Virgin Islands, in the conduct of fish restoration and management projects, as defined in section 2 of this Act, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, Guam, and the Virgin Islands, out of money available for apportionment under this Act, such sums as he shall determine, not exceeding $10,000 each for Puerto Rico, Guam, and the Virgin Islands, in any one year, which apportionments, when made, shall be deducted before making the apportionments to the States provided for by this Act; but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be available for expenditure in Puerto Rico, Guam, or the Virgin Islands, as the case may be, in the succeeding year, on any approved project, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of

1

material value for sport recreation. (Aug. 9, 1950, c. 658, § 12, 64 Stat. 434; July 2, 1956, c. 489, § 4, 70 Stat. 473; Aug. 1, 1956, c. 852, § 8, 70 Stat. 908; June 25, 1959, Pub. L. 86-70, § 16, 73 Stat. 143.)

HISTORICAL NOTE

1959 Amendment.-Pub. L. 86-70 amended section to eliminate provisions which authorized cooperation with the Alaska Game Commission and permitted apportionment of not more than $75,000 in any one year to the Territory of Alaska.

1956 Amendments.-Act Aug. 1, 1956 amended section by inserting "the Governor of Guam" following "Commissioner of Agriculture and Commerce of Puerto Rico," and by inserting "Guam" following "Puerto Rico" in the three remaining places such words appear.

Act July 2, 1956 amended section by eliminating provisions which authorized the Secretary to cooperate with the Division of Game and Fish of the Board of Commissioners of Agriculture and Forestry of Hawaii, by removing the limitation of $25,000 on the amount of funds which could be apportioned to Hawaii in any one year, and by substituting "Territory of Alaska" for "Territories" in two instances.

EFFECTIVE DATE

SEC. 13. The effective date of this Act shall be July 1, 1950.

1 So in original. Probably should read "sport or."

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. 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 1 per centum of funds or more than 6 per centum of the funds.

(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