46 USC 1126. Merchant Marine Act, amendment. request until October 1, 1984. The Secretary of Commerce may prescribe rules and regulations consistent with the purpose of subparagraph (B). (3) For expenses necessary for research and development activities, not to exceed $16,360,000. (4) For maritime education and training expenses, not to exceed $31,372,000; including not to exceed $17,132,000 for maritime training at the Merchant Marine Academy at Kings Point, New York; $10,285,000 for financial assistance to State marine schools; $1,998,000 for fuel oil for State marine school training vessels; and $1,957,000 for supplementary training courses authorized under section 216(c) of the Merchant Marine Act, 1936. (5) For operating expenses, not to exceed $35,598,000; including not to exceed $6,377,000 for reserve fleet expenses; and $29,221,000 for other operating expenses. SEC. 3. There are authorized to be appropriated for the fiscal year 1980, in addition to the amounts authorized by section 2 of this Act, such additional supplemental amounts for the activities for which appropriations are authorized under section 2 of this Act, as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law, and for increased costs for public utilities, food service, and other expenses of the Merchant Marine Academy at Kings Point, New York. SEC. 4. Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883) is amended by striking out the period at the end thereof and inserting the following new proviso: ": Provided further, That until April 1, 1984, and notwithstanding any other provisions of this section, any vessel documented under the laws of the United States and owned by persons who are citizens of the United States may, when operated upon a voyage in foreign trade, transport merchandise in cargo vans, lift vans, and shipping-tanks between points embraced within the coastwise laws for transfer to or when transferred from another vessel or vessels, so documented and owned, of the same operator when the merchandise movement has either a foreign origin or a foreign destination; but this proviso (1) shall apply only to vessels which that same operator owned, chartered or contracted for the construction of prior to the date of the enactment of this proviso, and (2) shall not apply to movements between points in the contiguous United States and points in Hawaii, Alaska, the Commonwealth of Puerto Rico and United States territories and possessions.". SEC. 5. Subsection D(a)(5) of section 30 of the Merchant Marine Act, 1920 (46 U.S.C. 922(a)(5)) is amended to read as follows: Merchant "(5) The mortgagee is a State, the District of Columbia, the amendment. Commonwealth of Puerto Rico, or a territory or possession of the United States, or is a citizen of the United States, and for the purposes of this Act the Reconstruction Finance Corporation shall, in addition to those designated in sections 37 and 38 of this Act, be 46 USC 888, 802, deemed a citizen of the United States." Approved November 16, 1979. 803. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96–169 accompanying H.R. 2462 (Comm. on Merchant Marine May 24, considered and passed Senate. July 20, 27, H.R. 2462 considered and passed House; passage vacated and S. 640, Nov. 2, House agreed to conference report. Nov. 5, Senate agreed to conference report. Public Law 96-118 96th Congress An Act To authorize appropriations for fiscal years 1980, 1981, and 1982 to carry out cooperative programs with the States for the conservation of anadromous fish, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of the first section of the Anadromous Fish Conservation Act (16 U.S.C. 757a(c)) is amended by striking out the second sentence thereof. SEC. 2. Section 2 of the Anadromous Fish Conservation Act (16 U.S.C. 757b) is amended by striking out "United States" in the last sentence and inserting in lieu thereof "cooperating States or other non-Federal interests' SEC. 3. (a) Subsection (a) of section 4 of the Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) is amended by striking out the first two sentences and inserting in lieu thereof the following: "There are authorized to be appropriated to carry out the purposes of this Act not to exceed the following sums: "(1) $11,000,000 for fiscal year 1980. (b) Subsection (b) of such section 4 is amended by striking out "$1,000,000" and inserting in lieu thereof "$1,250,000". SEC. 4. The Anadromous Fish Conservation Act is amended by redesignating section 7 as section 8 and by inserting after section 6 the following new section: "SEC. 7. (a) The Secretary shall cooperate with States and other non-Federal interests in conducting studies of— "(1) the size and distribution of the population of striped bass (Morone saxatilis), including, but not limited to, studies to determine the amount and geographical location of annual spawning; and "(2) the factors responsible for the decline in the number of striped bass that are available to the public for recreational and commercial use, including, but not limited to "(A) analyses of the extent and causes of mortality at successive stages in the life cycle of striped bass, "(B) a determination of the effects of pollution on the viability and condition of eggs and larval fish, and "(C) a survey of the economic importance of recreational and commercial striped bass fisheries. "(b) The Secretary shall make annual reports to the Congress Report to concerning the progress and findings of the studies conducted pursu- Congress. ant to subsection (a) of this section. Such reports shall, where appropriate, contain recommendations of actions which could be taken to improve the population of striped bass. "(c) For purposes of conducting the studies required by this section, the Secretary may enter into agreements with States and other nonFederal interests in accordance with the provisions of the first section of this Act or he may carry out such studies directly, as he deems appropriate: Provided, That any agreement entered into pursuant to this subsection shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. Fishery research laboratory, State of Washington. "(d) There are authorized to be appropriated for the purposes of carrying out the studies described in subsection (a) of this section not to exceed $1,000,000 for the fiscal year ending September 30, 1980, not to exceed $1,750,000 for the fiscal year ending September 30, 1981, and not to exceed $2,000,000 for the fiscal year ending September 30, 1982. Funds authorized to be appropriated by this subsection are in addition to any funds authorized by section 4 which may be used for projects involving or affecting striped bass. If the Secretary considers that the studies described in subsection (a) should be continued after September 30, 1982, the Secretary shall inform the Congress in writing before February 15, 1981, of the reasons why and for how long such continuation is believed to be warranted.". SEC. 5. Section 201(eX2XDXi) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1821(e)(2)(DXi)) is amended by striking out "harvested" and inserting in lieu thereof "unharvested". SEC. 6. There are authorized to be appropriated to the Department of the Interior such sums as may be necessary, but not to exceed $800,000, for purposes of preparing a plan for a fishery research laboratory on lands owned by the University of Washington on Big Beef Creek, Washington. For purposes of preparing such a plan, there shall be available to the Department of the Interior any sums previously appropriated for the National Fishery Research Center in the State of Washington and available for expenditure on the date of the enactment of this Act, and such sums shall be treated as having been authorized for appropriation under the preceding sentence. The to congressional Secretary of the Interior shall complete and submit such plan as soon as practicable to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Environment and Public Works of the Senate and such plan shall include, but not be limited to, information regarding site adequacy, laboratory conceptual design, recommended agreements that should be entered into regarding Federal agency use of such laboratory as a condition for Federal sharing in its costs, and estimates of the costs involved. Plan, submittal committees. "National Aquarium in Baltimore." SEC. 7. The aquarium to be built by the City of Baltimore, Maryland, on the site on Pratt Street, Pier 3, of the Baltimore Inner Harbor, shall, on and after the date of the completion of its construction, be known and designated as the "National Aquarium in Baltimore". Any reference in any law, map, regulation, document, record, or other paper of the United States to that aquarium shall be held to be a reference to the National Aquarium in Baltimore. Approved November 16, 1979. LEGISLATIVE HISTORY: and Fisheries). HOUSE REPORT No. 96-173 accompanying H.R. 2035 (Comm. on Merchant Marine SENATE REPORT No. 96-174 (Comm. on Commerce, Science, and Transportation and Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 125 (1979): June 13, considered and passed Senate. June 18, Passage vitiated, bill reconsidered, amended, and again passed Senate. Nov. 1, Senate concurred in House amendments with an amendment. Public Law 96-159 96th Congress An Act To authorize appropriations to carry out the Endangered Species Act of 1973 during fiscal years 1980, 1981, and 1982, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2(a)(5) of the Endangered Species Act of 1973 (16 U.S.C. 1531(a)(5)) is amended by striking out "fish and wildlife." and inserting in lieu thereof "fish, wildlife, and plants.". SEC. 2. Section 3(11) of the Endangered Species Act of 1973 (16 U.S.C. 1532(11)) is amended by striking out “(Ā)” and all that follows thereafter and inserting in lieu thereof "violate section 7(a)(2).”. SEC. 3. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended (1) by amending subsection (b)(1) by striking out "him" and inserting in lieu thereof the following: "him after conducting a review of the status of the species"; (2) by amending subsection (f)(2)(B)(i) to read as follows: "(i) not less than 60 days before the effective date of the regulation, shall publish "(I) a general notice and the complete text of the proposed regulation in the Federal Register, and "(II) if the proposed regulation specifies any critical habitat, general notice of the regulation (including a summary of the text, and a map of the proposed critical habitat) in a newspaper of general circulation within or adjacent to such habitat;"; (3) by amending subsection (f)(2)(B)(iv)(II) by striking out "if requested," and inserting in lieu thereof "if requested within 15 days after the date on which the public meeting is conducted,"; (4) by amending that part of subsection (f)(2)(C) which precedes clause (i) by inserting “, subsection (b)(4) of this section," immediately after "Neither subparagraph (A) or (B) of this paragraph"; (5) by amending subsection (f)(2)(C)(ii)— (A) by striking out "fish or wildlife," and inserting in lieu thereof "fish or wildlife or plants,", (B) by striking out "fish and wildlife," and inserting in lieu thereof "fish, wildlife, and plants,", (C) by striking out "120-day period" each place it appears therein and inserting in lieu thereof "240-day period", and (D) by adding at the end thereof the following new sentence: "If at any time after issuing an emergency regulation the Secretary determines, on the basis of the best scientific and commercial data available to him, that substantial evidence does not exist to warrant such regulation, he shall withdraw it."; and (6) by adding at the end thereof the following new subsection: "(h) AGENCY GUIDELINES.-The Secretary shall establish, and publish in the Federal Register, agency guidelines to insure that the Dec. 28, 1979 [S. 1143] Endangered 1973, Publication in Federal Publication in Register. |