87th Congress, S. 1728 An Act 75 STAT. 833. To amend section 510 of the Merchant Marine Act, 1936, to provide for the trade-in of obsolete vessels in connection with the construction of new vessels, either at the time of executing the construction contract or at the time of delivery of the new vessel. Act, 1936, amendObsolete vessels, trade-in. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 510 of Merchant Marine the Merchant Marine Act, 1936 (46 U.S.C. 1160), is amended by: (1) Striking the present subsection (b) and inserting in lieu thereof ment the following: "(b) In order to promote the construction of new, safe, and efficient 53 Stat. 1183. vessels to carry the domestic and foreign waterborne commerce of the United States, the Commission is authorized, subject to the provisions of this section, to acquire any obsolete vessel in exchange for an allowance of credit. The obsolete vessel shall be acquired by the Commission, if the owner so requests, either at the time the owner contracts for the construction or purchase of a new vessel or within five days of the actual date of delivery of the new vessel to the owner. The amount of the allowance shall be determined at the time of the acquisition of the obsolete vessel by the Commission. In the event the obsolete vessel is acquired by the Commission at the time the owner contracts for the construction or purchase of the new vessel, the allowance shall not be paid to the owner of the obsolete vessel, but shall be applied upon the purchase price of a new vessel. In the case of a new vessel constructed under the provisions of this Act, such allowance may, under such terms and conditions as the Commission may prescribe, be applied upon the cash payments required under this Act. In case the new vessel is not constructed under the provisions of this Act, the allowance shall, upon acquisition of the obsolete vessel by the Commission, be paid, for the account of the owner, to the shipbuilder constructing such new vessel. In the event that title to the obsolete vessel is acquired by the Commission at the time of delivery of the new vessel, the allowance shall be deposited in the owner's capital reserve fund. This subsection shall apply to obsolete vessels exchanged for new vessels hereafter contracted to be built, or eligible for such exchange but not exchanged in connection with a contract for new vessels executed prior to October 1, 1960." (2) Striking the present subsection (d) and inserting in lieu thereof the following: 46 USC 1160. "(d) The allowance for an obsolete vessel shall be the fair and Allowance. reasonable value of such vessel as determined by the Commission. Determination In making such determination the Commission shall consider: (1) the of amount. scrap value of the obsolete vessel both in American and foreign markets, (2) the depreciated value based on a twenty or twenty-five year life, whichever is applicable to the obsolete vessel, and (3) the market value thereof for operation in the world trade or in the foreign or 75 STAT. 833. domestic trade of the United States. In the event the obsolete vessel is acquired by the Commission at the time the owner contracts for the construction of the new vessel, and the owner uses such vessel during the period of construction of the new vessel, the allowance shall be reduced by an amount representing the fair value of such use. The rate for the use of the obsolete vessel shall be fixed by the Commission for the entire period of such use at the time of execution of the contract for the construction of the new vessel." Approved October 5, 1961. 87th Congress, H. R. 3788 An Act 76 STAT. 317. To provide for the transfer of the United States vessel Alaska to the State of Transfer to Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary U. S. vessel of the Interior is authorized and directed to convey to the State of Alaska. California, for the use and benefit of the department of fish and game of such State, all right, title, and interest of the United States in and State of Calif. to the United States vessel Alaska. Such vessel is presently being operated by such department under a ten-year operating agreement entered into on June 22, 1957, between such department and the Secretary of the Interior, and has been extensively repaired and refitted for use as a biological research vessel at the expense of such State. SEC. 2. The conveyance authorized by this Act shall (1) be condi- Payment. tional upon the State of California paying to the Secretary of the Interior, as consideration for the vessel conveyed, an amount equal to fifty percent of the fair market value of such vessel at the time it was leased by the State of California, as determined by the Secretary of the Interior; and (2) provided that such vessel shall be used for a public purpose and if it should cease to be so used, all right, title, and interest therein shall immediately revert to the United States. Approved August 9, 1962. 87th Congress, H. R. 7336 An Act To promote the production of oysters by propagation of disease-resistant strains, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, The Secretary of the Oysters. Interior is authorized with respect to those States where he finds that Disease-resistexcessive mortality of oysters presents an immediate and substantial ant strains, threat to the economic stability of the oyster industry in such area or propagation. region, to acquire oyster brood stock that he believes possesses resistance to the causative agent of such excessive mortality. The Secretary may thereafter transfer such brood stock to the particular States involved for planting in spawning sanctuaries and protection of such State or States. Distribution of the resultant seed oysters by the States shall be in accordance with plans and procedures that are mutually acceptable to the Secretary and the cooperating States: Provided, That the purchase of oyster brood stock hereunder by the Secretary shall be conditional upon the participating State or States, in each instance, paying one-third of the cost of such brood stock. The Secretary of the Interior is authorized to cooperate with the States in any manner necessary to accomplish the purposes of this Act. SEC. 2. The Secretary of the Interior is authorized to make grants to the States referred to in the first section of this Act for the purpose of assisting such States in the financing of research and other activities necessary in the development and propagation of disease-resistant strains of oysters. A grant under this section shall be made upon agreement by the State to use the proceeds thereof only for the purposes specified in this section and to use an additional amount for such purposes from State or other non-Federal sources equal to at least 50 per centum of the amount of such grant. Grants to States for research, etc. 76 STAT, 356 76 STAT. 357 SEC. 3. There is authorized to be appropriated such sum, not to ex- Appropriation. ceed $100,000, as may be necessary to carry out the provisions of this Act. Approved August 9, 1962. 87th Congress, S. 3016 An Act 76 STAT. 415. To amend the Act of March 2, 1929, and the Act of August 27, 1935, relating to lond lines for oceangoing and constwise vessels, to establish liability for surveys, to increase penalties, to permit deeper loading in constwise trade, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled Occangoing and “An Act to establish load lines for American vessels, and for other pur- constwise vesposes", approved March 2, 1929, as amended (46 U.S.C. 85-85g), is amended as follows: (1) Subsection (a) of the first section is amended by striking out "the Great Lakes excepted" and inserting in lieu thereof "or arriving within the jurisdiction of the United States or its possessions from a foreign voyage by sea, in both cases the Great Lakes excepted”. (2) Section 7 (46 U.S.C. 85f) is amended— (A) by adding the words “or Coast Guard district commander” following the words “collector of customs" in the first sentence; (B) by adding the words "or Coast Guard district commander" following the word “collector” wherever it appears after the first. sentence; and sels. (C) by adding the following sentence at the end thereof: “The Liability for owner and agent of a vessel surveyed and found in violation of surveys. this Act or regulations established thereunder shall bear the costs of the survey in addition to any penalty or fine imposed.” (3) Section 8 (46 U.S.C. 85g) is amended (A) by amending subsection (a) to read as follows: “(a) The owner and/or master of any vessel subject to this Act and the regulations established thereunder shall be liable to the United States in a penalty not to exceed $1,000 whenever the vessel is found operating, navigating, or otherwise in use upon the navigable waters of the United States in violation of the provisions of this Act or the regulations established thereunder, or whenever the vessel, if a vessel of the United States, is found operating, navigating, or otherwise in use upon the high seas in violation of the provisions of this Act or the regulations established thereunder. Each day a vessel is in violation of the provisions of this Act shall constitute a separate offense. The Secretary of the department in which the Coast Guard is operating may assess, collect, remit, and mitigate any penalty imposed under this Act.” (B) by amending subsection (b)— (I) by striking out the figure "$100" and inserting the figure "$500" in place thereof; and (2) by striking out the last sentence thereof; (C) by amending subsection (c)— (1) by striking out the figure $500" and inserting the following words and figures in place thereof, "$1,000 plus a sum computed at the rate of $500 per inch of draft in excess of the vessel's applicable load line"; and (2) by striking out the last sentence thereof; (D) by striking out the figure $500" in subsection (d) and inserting the figure “$1,000” in place thereof; Penaltios. 53 Stat. 783. |