§ 777f. Payments by United States.

(a) When the Secretary of the Interior shall find that any project approved by him has been completed or, if involving research relating to fish, is being conducted, in compliance with said plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project. The Secretary of the Interior may, in his discretion, from time to time, make payments on said project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States' pro rata share of the project in conformity with said plans and specifications. If a State has elected to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan as provided for under option (1) of subsection (a) of section 777e of this title, and this plan has been approved by the Secretary of the Interior, then the Secretary may, in his discretion, and under such rules and regulations, as he may prescribe, advance funds to the State for financing the United States' pro rata share agreed upon between the State fish and game department and the Secretary.

(b) Any construction work and labor in each State shall be performed in accordance with its laws and under the direct supervision of the State fish and game department, subject to the inspection and approval of the Secretary of the Interior and in accordance with the rules and regulations made pursuant to this chapter. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments shall be made under this chapter. Such payments shall be made against the said appropriation to such official or officials, or depository, as may be designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State. (Aug. 9, 1950, ch. 658, § 7, 64 Stat. 433; Oct. 23, 1970, Pub. L. 91-503, title II, § 202, 84 Stat. 1103.)

their respective laws. Beginning July 1, 1953, maintenance of projects heretofore completed under the provisions of this chapter may be considered as projects under this chapter. Title to any real or personal property acquired by any State, and to improvements placed on State-owned lands through the use of funds paid to the State under the provisions of this chapter, shall be vested in such State. (Aug. 9, 1950, ch. 658, § 8, 64 Stat. 433; Oct. 23, 1970, Pub. L. 91503, title II, § 202, 84 Stat. 1103.)

AMENDMENTS

1970-Pub. L. 91-503 eliminated the restriction that not more than 25 percent of the Federal funds be set aside for maintenance projects.

EFFECTIVE DATE

Section effective July 1, 1950, see note set out under section 777 of this title.

§ 777h. Employment of personnel.

Out of the deductions set aside for administering and executing this chapter 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 provisions of this chapter. (Aug. 9, 1950, ch. 658, § 9, 64 Stat. 433.)

EFFECTIVE DATE

Section effective July 1, 1950, see note set out under section 777 of this title.

§ 777i. Rules and regulations.

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

EFFECTIVE DATE

Section effective July 1, 1950, see note set out under section 777 of this title.

§ 777j. Repealed. Pub. L. 89-348, § 1(14), Nov. 8, 1965, 79 Stat. 1311.

Section, act Aug. 9, 1950, ch. 658, § 11, 64 Stat. 434, required the Secretary of the Interior to make an annual report to the Congress giving detailed information as to the projects established under this chapter and expenditures therefor.

§ 777k. Payments of funds to and cooperation with Puerto Rico, Guam, American Samoa, and the Virgin Islands.

The Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto Rico, the Governor of Guam, the Governor of American Samoa, and the Governor of the Virgin Islands, in the conduct of fish restoration and management projects, as defined in section 777a of this title, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, Guam, American Samoa, and the Virgin Islands, out of money available for apportionment under this chapter, such sums as he shall determine, not exceeding for Puerto Rico 1 per centum, for

Guam one-third of 1 per centum, for American Samoa one-third of 1 per centum, and for the Virgin Islands one-third of 1 per centum of the total amount apportioned in any one year, 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 made available for expenditure in Puerto Rico, Guam, or the Virgin Islands, as the case may be, in the succeeding year, on any approved projects, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation. (Aug. 9, 1950, ch. 658, § 12, 64 Stat. 434; July 2, 1956, ch. 489, § 4, 70 Stat. 473; Aug. 1, 1956, ch. 852, § 8, 70 Stat. 908; June 25, 1959, Pub. L. 86-70, § 16, 73 Stat. 143; Oct. 23, 1970, Pub. L. 91-503, title II, § 203, 84 Stat. 1103.)

AMENDMENTS

1970-Pub. L. 91-503 substituted "Secretary of Agriculture of Puerto Rico" for "Commissioner of Agriculture and Commerce of Puerto Rico", added American Samoa

to the list of recipients, and substituted maximum limits of apportionment of one percent for Puerto Rico, onethird of one percent for Guam, one-third of one percent for American Samoa and one-third of one percent for Virgin Islands for maximum limit of $10,000 for Puerto Rico, Guam and Virgin Islands together.

1959-Pub. L. 86-70 eliminated 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-Act Aug. 1, 1956, inserted "the Governor of Guam" following "Commissioner of Agriculture and Commerce of Puerto Rico," and "Guam" following "Puerto Rico" in the three remaining places those words appear.

Act July 2, 1956, eliminated 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, removed the limitation of $25,000 on the amount of funds which could be apportioned to Hawail in any one year, and substituted "Territory of Alaska" for "Territories" in two instances.

EFFECTIVE DATE OF 1956 AMENDMENT Amendment of this section by act July 2, 1956, as applicable only with respect to fiscal years beginning after July 2, 1956, see section 5 of act July 2, 1956, set out as a note under section 669a of this title.

EFFECTIVE DATE

Section effective July 1, 1950, see note set out under section 777 of this title.

Sec. 778.

Establishment of experiment stations; purpose of research.

778a. Acquisition of lands; construction of buildings; employment of personnel; cooperation with other agencies; publication of results.

778b. Cooperation with Department of Agriculture. 778c. Authorization of appropriations.

778d. Fish protein concentrate; studies, research, and experiments.

778e. Same.

(a) Demonstration plants.

(b) Operation and maintenance; terms and conditions of contracts: compilation of records, including cost data; availability of records to public and Congress; public access to plants.

(c) Access to records by Comptroller General;
limitation.

(d) Disposition of plant and equipment.
(e) Acquisition of property.

7781. Same; authorization of appropriations; availability
of funds until expended; authority of Secretary
under other provisions of law unaffected.
778g. Same; cooperation of Secretary with others in
execution of program.

778h. Same; termination date.

CROSS REFERENCES

Fish and other protein concentrates, see section 2178 of Title 22, Foreign Relations and Intercourse.

§ 778. Establishment of experiment stations; purpose of research.

The Secretary of the Interior is authorized and directed to establish an experiment station or stations for the purpose of carrying on a program of research and experimentation

(1) to determine species of fishes most suitable for culture on a commercial basis in shallow reservoirs and flooded rice lands;

(2) to determine methods for production of fingerling fishes for stocking in commercial reservoirs;

(3) to develop methods for the control of parasites and diseases of brood fishes and of fingerlings prior to stocking;

(4) to develop economical methods for raising the more desirable species of fishes to a marketable size;

(5) to determine, in cooperation with the Department of Agriculture, the effects of fish-rice rotations, including crops other than rice commonly grown on rice farms, upon both the fish and other crops; and

(6) to develop suitable methods for harvesting the fish crop and preparing it for marketing, including a study of sport fishing as a means of such harvest.

(Pub. L. 85-342, § 1, Mar. 15, 1958, 72 Stat. 35.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7788 of this title.

§ 778a. Acquisition of lands; construction of buildings; employment of personnel; cooperation with other agencies; publication of results.

For the purpose of carrying out the provisions of this chapter, the Secretary of the Interior is authorized (1) to acquire by purchase, condemnation, or otherwise such suitable lands, to construct such buildings, to acquire such equipment and apparatus, and to employ such officers and employees as he deems necessary; (2) to cooperate with State and other institutions and agencies upon such terms and conditions as he determines to be appropriate; and

(3) to make public the results of such research and experiments conducted pursuant to section 778 of this title. (Pub. L. 85-342, § 2, Mar. 15, 1958, 72 Stat. 35.)

§ 778b. Cooperation with Department of Agriculture. The Department of Agriculture is authorized to cooperate in carrying out the provisions of this chapter by furnishing such information and assistance as may be requested by the Secretary of the Interior. (Pub. L. 85-342, § 3, Mar. 15, 1958, 72 Stat. 35.)

§ 778c. Authorization of appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. (Pub. L. 85-342, § 4, Mar. 15, 1958, 72 Stat. 35.)

§ 778d. Fish protein concentrate; studies, research, and experiments.

The Secretary of the Interior is authorized to conduct, and through grants to and contracts with public and private agencies to promote studies, research, and experiments designed to develop the best and most economical processes and methods to reduce fish which are in abundant supply and which are not now widely sought after for human food to a nutritious, wholesome, and stable fish protein concentrate, as well as to conduct food technology and feasibility studies with respect to such products. (Pub. L. 89-701, § 1, Nov. 2, 1966, 80 Stat. 1089.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 778e, 7781, 778g, 778h of this title.

§ 778e. Same.

(a) Demonstration plants.

The Secretary is also authorized to construct not to exceed one experiment and demonstration plant for the production of a fish protein concentrate and to acquire by lease one additional plant for such purpose. Such plants shall be designed to demonstrate the reliability and practicability and the economic, engineering, and operating potentials of the processes and methods to reduce fish to fish protein concentrate. Such plants shall be located in such geographical areas as the Secretary determines will demonstrate optimum feasibility from the standpoint of operation, maintenance, and economic potential. The Secretary of the Interior shall not commence construction of or lease any plant pursuant to the provisions of sections 778d to 778h of this title until the Secretary of Health, Education, and Welfare shall have certified that fish protein concentrate produced from whole fish complies with the provisions of the Federal Food, Drug, and Cosmetics Act.

(b) Operation and maintenance; terms and conditions of contracts: compilation of records, including cost data; availability of records to public and Congress; public access to plants.

The Secretary may operate and maintain or contract for the operation and maintenance of such plants. Each operation and maintenance contract shall provide, in addition to such terms and condi

tions as the Secretary deems desirable, for the compilation by the contractor of complete records, including cost data, with respect to the operation, maintenance, and engineering of the plants. The records so compiled shall be made available to the public and to the Congress by the Secretary at periodic and reasonable intervals. Access by the public to the plants shall be assured during all phases of their operation subject to such reasonable restrictions as to time and place as the Secretary may require or approve.

(c) Access to records by Comptroller General; limitation.

All contracts entered into pursuant to subsection (b) of this section shall include a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall until the expiration of three years after final payment have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of and involving transactions related to such contracts or subcontracts. (d) Disposition of plant and equipment.

Each plant constructed or leased under sections 778d to 778e of this title, and its equipment, upon the expiration of a period deemed adequate by the Secretary for experiment and demonstration purposes, shall, as promptly as practicable, be disposed of in accordance with the applicable provisions of the Federal Property and Administrative Services Act of 1949, as amended.

(e) Acquisition of property.

The Secretary may acquire lands or interests therein, patents, licenses, technical data, inventions, secret processes, supplies, and equipment by purchase, license, lease, or donation to carry out the provisions of this section. (Pub. L. 89-701, § 2, Nov. 2, 1966, 80 Stat. 1089.)

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetics Act, referred to in subsec. (a), is classified to chapter 9 of Title 21, Food and Drugs.

The Federal Property and Administrative Services Act, referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat. 377. Titles I-IV and VI-VIII thereof are classified to chapters 10 and 16 of Title 40, Public Buildings, Property, and Works, and chapter 4 of Title 41, Public Contracts. Title V thereof was classified to former chapter 11 of Title 44, Public Printing and Documents, but was repealed in the revision of Title 44 by Pub. L. 90-620, § 3, Oct. 22, 1968, 82 Stat. 1309. The subject matter of such former title V is now covered by chapters 21, 25, 27, 29, and 31 of Title 44.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 7781, 778g, 778h of this title.

§ 778f. Same; authorization of appropriations; availability of funds until expended; authority of Secretary under other provisions of law unaffected. There is authorized to be appropriated not to exceed $1,000,000 for the construction or leasing of one experiment and demonstration plant. There is also authorized to be appropriated not to exceed $1,555,000 annually for a period of five fiscal years, beginning with the fiscal year 1968, for the leasing or construction of the experiment and demonstration plant

referred to in the preceding sentence, for the operation and maintenance of such experiment and demonstration plant and for conducting the program authorized by sections 778d to 778h of this title. Sums appropriated under this section are authorized to remain available until expended. Nothing in sections 778d to 778h of the title shall be construed to amend, repeal, or otherwise modify the authority of the Secretary of the Interior to carry out fish protein concentrate research under any other provision of law. (Pub. L. 89-701, § 3, Nov. 2, 1966, 80 Stat. 1090; Pub. L. 90-549, Oct. 4, 1968, 82 Stat. 936.)

AMENDMENTS

1968-Pub. L. 90-549 added provisions authorizing appropriations for the leasing of one experiment and demonstration plant, and substituted provisions authorizing appropriations for a period of five fiscal years, beginning with the fiscal year 1968, for the leasing or construction of one experiment and demonstration plant, and for the operation and maintenance of such experiment and demonstration plant, for provisions authorizing such appropriations for the leasing of one additional experiment and demonstration plant, and for the operation and maintenance of experiment and demonstration plants leased or constructed under sections 778d-778h of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 778e, 778g, 778h of this title.

§ 778g. Same; cooperation of Secretary with others in execution of program.

The Secretary shall cooperate with public and private agencies, organizations, institutions, and individuals in carrying out the program authorized by sections 778d to 778h of this title. (Pub. L. 89–701, § 4, Nov. 2, 1966, 80 Stat. 1090.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 778e, 7781, 778h of this title.

§ 778h. Same; termination date.

The authority of the Secretary under sections 778d to 778h of this title shall expire at the expiration of five years from November 2, 1966. (Pub. L. 89-701, § 5, Nov. 2, 1966, 80 Stat. 1090.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 778e, 778f, 778g of this title.

§ 2178. Fish and other protein concentrates. (a) Studies, marketing techniques, consumer acceptance, and nutrition; consultations with technical groups or agencies; participation by United States private enterprise.

The President is authorized to conduct a program designed to demonstrate the potential and to encourage the use of fish and other protein concentrates as a practical means of reducing nutritional deficiencies in less developed countries and areas. This program shall include

(1) studies and activities relating to food technology;

(2) development of suitable marketing techniques;

(3) development of consumer acceptance programs; and

(4) feeding programs designed to demonstrate the nutritional value of fish and other protein concentrates as a diet supplement.

In carrying out his functions under this section, the President shall consult with the National Council on Marine Resources and Engineering Development, appropriate Government agencies and other such technical groups or agencies as may be helpful with such activities. In accordance with section 2351(b) of this title, the President shall encourage full participation in such program by United States private enterprise.

(b) Use of available funds.

The President is authorized to use funds made available under this subchapter for the purposes of this section, and is urged to use at least $2,500,000 of such funds for such purposes. (Pub. L. 87-195, pt. I, § 218, as added Pub. L. 90-137, pt. I, § 103 (d), Nov. 14, 1967, 81 Stat. 450.)

CROSS REFERENCES

Fish research and experimentation program, see section 778d et seq. of Title 16, Conservation.

As used in this chapter, 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 chapter.

"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 chapter.

"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. 88-309, § 2, May 20, 1964, 78 Stat. 197.)

SHORT TITLE

(Pub. L.

Section 1 of Pub. L. 88-309 provided that Pub. L. 88309, which enacted this chapter, may be cited as the "Commercial Fisheries Research and Development Act of 1964."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 779c, 779d of this title.

§779a. Cooperation with States on projects; use of funds; joint projects between states; consent to interstate compacts; reservation of right to alter, amend or repeal consent.

(a) The purpose of this chapter 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 chapter 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 chapter 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. (Pub. L. 88-309, § 3, May 20, 1964, 78 Stat. 197.)

§ 779b. Authorization of appropriations.

(a) There is authorized to be appropriated to the Secretary of the Interior for the fiscal year beginning July 1, 1969, and for the three succeeding fiscal years, $5,000,000 in each year for apportionment to the States to carry out the purposes of this chapter.

(b) In addition to the amounts authorized in subsection (a) of this section there is authorized to be appropriated for the fiscal year beginning July 1, 1969, and for the 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 chapter: 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) of this section, there is authorized to be appropriated $100,000 for the fiscal year beginning July 1, 1969, and for each succeeding fiscal year during the term of this chapter, which shall be made available to the States in such amounts as the Secretary may determine for developing a new commercial fishery therein. (Pub. L. 88-309, § 4, May 20, 1964, 78 Stat. 197; Pub. L. 90-551, §§ 1-3, Oct. 4, 1968, 82 Stat. 957.)

AMENDMENTS

1968-Subsec. (a). Pub. L. 90-551, § 1, substituted provisions authorizing appropriations for the fiscal year beginning July 1, 1969, and for the three succeeding fiscal years, for provisions authorizing such appropriations for the next fiscal year beginning after May 20, 1964, and for the four succeeding fiscal years.

Subsec. (b). Pub. L. 90-551, § 3, substituted provisions authorizing the appropriation of $650,000 for the fiscal year beginning July 1, 1969, and for the three succeeding fiscal years, for provisions authorizing the appropriation of $400,000 for the next fiscal year beginning after May 20, 1964, and for the succeeding fiscal year, and $650,000 for the next three succeeding fiscal years.

Subsec. (c). Pub. L. 90-551, § 2, substituted "for the fiscal year beginning July 1, 1969" for "for the fiscal year beginning after May 20, 1964".

EFFECTIVE DATE OF 1968 AMENDMENT

Section 4 of Pub. L. 90-551 provided that: "The provisions of this Act [amending this section] shall be effective July 1, 1969."

§ 779c. Apportionment of funds among States; basis; minimum apportionment; carryover of unobligated funds.

(a) Funds appropriated pursuant to section 779b (a) of this title 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 fisher