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Public Law 91-247
91st Congress, H. R. 15945

May 13, 1970

An Act

To authorize appropriations for certain maritime programs of the Department of Commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are hereby authorized to be appropriated without fiscal year limitation as the appropriation Act may provide for the use of the Department of Commerce, for the fiscal year 1971, as follows:

(a) acquisition, construction, or reconstruction of vessels and construction-differential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships, $199,500,000;

(b) payment of obligations incurred for ship operation subsidies, $193,000,000;

(c) expenses necessary for research and development activities (including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental ship operations), $19,000,000;

(d) reserve fleet expenses, $4,675,000;

(e) maritime training at the Merchant Marine Academy at Kings Point, New York, $6,800,000;

(f) financial assistance to State marine schools, $2,445,000; and (g) continued operation of nuclear ship Savannah (including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental ship operations), $4,000,000.

Approved May 13, 1970.

84 STAT, 207

Commerce Department maritime programs. Appropriation authorization.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 91-865 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 91-837 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 116 (1970):

Mar. 11, considered and passed House.

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91st Congress, H. R. 1049
May 14, 1970

An Act

To amend the Anadromous Fish Conservation Act of October 30, 1965, relating to the conservation and enhancement of the Nation's anadromous fishing resources, to encourage certain joint research and development projects, and for other purposes.

34 STAT. 214

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first Anadromous Fish proviso contained in the second sentence of subsection (a) of the first Conservation section of the Act of October 30, 1965 (16 U.S.C. 757a (a)), is amended Act, amendment. by inserting", except as provided in subsection (c) of this section," 79 Stat. 1125. immediately before "the Federal share”.

(b) The first section of such Act of October 30, 1965 (16 U.S.C. Federal and non757a), is further amended by adding at the end thereof the following Federal costs. new subsection:

"(c) Whenever two or more States having a common interest in any basin jointly enter into a cooperative agreement with the Secretary under subsection (a) of this section to carry out a research and development program to conserve, develop, and enhance anadromous fishery resources of the Nation, or fish in the Great Lakes that ascend streams to spawn, the Federal share of the program costs shall be increased to a maximum of 60 per centum. Structures, devices, or other facilities, including fish hatcheries, constructed by such States under a cooperative agreement described in this subsection shall be operated and maintained without cost to the Federal Government. For the purpose "Basin." of this subsection, the term 'basin' includes rivers and their tributaries,

lakes, and other bodies of water or portions thereof."

SEC. 2. Subsection (a) of section 4 of such Act of October 30, 1965 Appropriation. (16 U.S.C. 757d (a)), is amended by adding at the end thereof the following new sentences: "There is authorized to be appropriated to carry out this Act, not to exceed $6,000,000 for the fiscal year ending June 30, 1971, not to exceed $7,500,000 for the fiscal year ending June 30, 1972, not to exceed $8,500,000 for the fiscal year ending June 30, 1973, and not to exceed $10,000,000 for the fiscal year ending June 30, 1974. Sums appropriated under this subsection are authorized to remain available until expended.".

act.

SEC. 3. Such Act of October 30, 1965 (16 U.S.C. 757a-757f), is Citation of amended by adding at the end thereof the following new section: "SEC. 7. This Act may be cited as the 'Anadromous Fish Conservation Act'."

Approved May 14, 1970.

LEGISLATIVE HISTORY:

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HOUSE REPORT No. 91-808 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 91-808 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 116 (1970):

Feb. 16, considered and passed House.
Apr. 30, considered and passed Senate.

(19)

91st Congress, H. R. 12605
May 14, 1970

An Act

To amend section 613 of the Merchant Marine Act, 1936, as amended.

84 STAT. 215

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 613 of Passenger vesthe Merchant Marine Act, 1936, as amended (46 U.S.C. 1183), is amended by

(a) Striking the letter "(d)" in subsection (b) after the words "under subsection", and inserting in lieu thereof the letter "(e)". (b) Striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) The Secretary of Commerce may authorize passenger vessels under operating-differential subsidy contracts to provide domestic service between specified ports while the vessels are on voyages in an essential service in the foreign commerce of the United States without reduction of operating-differential subsidy and the partial payback of construction-differential subsidy for operating in the domestic trades, if it finds that such domestic service will not result in a substantial deviation from the service, route, or line for which operating-differential subsidy is paid and will not adversely affect service on such service, route, or line.'

(c) Redesignating subsection (d) as subsection (e) and inserting a new subsection (d) to read as follows:

"(d) When a vessel is being operated on cruises or has been authorized under this section to provide domestic passenger services while on voyages in an essential service in foreign commerce of the United States

"(1) it shall carry no mail unless required by law, or cargo except passengers' luggage, except between those ports between which it may carry mail and cargo on its regular service assigned by contract;

"(2) it may not carry one-way passengers between those ports served by another United States carrier on its regular service assigned by contract, without the consent of such carrier, except between those ports between which it may carry one-way passengers on its own regular service assigned by contract;

sels.

Off-season

cruises.

75 Stat. 89; 82 Stat. 248.

"(3) it shall stop at other domestic ports only for the same time and the same purpose as is permitted with respect to a foreignflag vessel which is carrying passengers who embarked at a domestic port, except that a cruise may end at a different port or coast from that where it began and may embark or disembark passengers at other domestic ports, either when not involving transportation in the domestic offshore trade in competition with a United States-flag passenger vessel offering berth service therein, or, if involving such transportation, with the consent of such carrier: Provided, however, That nothing herein shall be construed to repeal or modify section 805 (a) of this Act. Section 605 (c) of this Act shall not apply to cruises authorized under 46 USC 1223. this section. Notwithstanding the applicable provisions of section 46 USC 1175. 605 (a) and section 506 of this Act requiring the reduction of operating 52 Stat. 958. differential subsidy and the partial payback of construction differen- 46 USC 1156. tial subsidy for operating in the domestic trades, such reduction of

49 Stat. 2012.

84 STAT. 215

75 Stat. 89; 82 Stat. 248. 46 USC 1183.

operating subsidy and partial payback of construction subsidy under sections 605 (a) and 506, respectively, shall not apply to cruises or domestic services authorized under this section."

(d) Striking subsection (e).
Approved May 14, 1970.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 91-518, 91-518 pt. 2 (Comm. on Merchant Marine and
Fisheries).

SENATE REPORT No. 91-764 (Comm. on Commerce).

CONGRESSIONAL RECORD:

Vol. 115 (1969): Oct. 6, considered and passed House.

Vol. 116 (1970): Apr. 9, considered and passed Senate, amended. Apr. 21, House agreed to Senate amendment, with an amendment.

Apr. 30, Senate concurred in House amendments.

91st Congress, H. R. 4813
June 12, 1970

An Act

To extend the provisions of the United States Fishing Fleet Improvement Act, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 2 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1402), is amended by inserting after the first sentence thereof a new sentence to read as follows: "Any citizen of the United States may apply to the Secretary for a construction subsidy to aid in the remodeling of any vessel in accordance with this Act."

(b) Clause (1) of section 2 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1402 (1)), is amended by inserting after the words "and suitable" a comma and the words "in the case of a new fishing vessel and, when appropriate, a remodeled vessel,".

(c) Clause (2) of section 2 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1402 (2)), is amended by deleting the word "new" from said clause.

84 STAT, 307

United States
Fishing Fleet
Improvement Act,

amendments.
74 Stat. 212;

78 Stat. 614.

(d) Clause (7) of section 2 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1402(7)), is amended to read as follows: "(7) the vessel will be modern in design and equipment, be capable, when appropriate, to operate in expanded areas, and will not operate in a fishery if such operation would cause economic hardship to operators of efficient vessels already operating in that fishery unless such vessel will replace a vessel of the applicant operating in the same fishery during the twenty-four-month period immediately preceding the date an application is filed by the applicant, and having a comparable fishing capacity of the replacement vessel, and". SEC. 2. Section 3 of the United States Fishing Fleet Improvement Cost determinaAct, as amended (46 U.S.C. 1403), is amended by changing the words tion, survey by "after notice and hearing," to "after notice and opportunity for a pub- Maritime Adminlic hearing,"

SEC. 3. Section 5 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1405), is amended to read as follows:

"SEC. 5. (a) Within sixty days after the date of enactment of this subsection, and from time to time thereafter, the Martime Administrator shall survey foreign shipyards to determine the estimated difference between the cost of constructing various classes of new fishing vessels engaged in the fisheries of the United States in such shipyards, and the cost of remodeling various classes of vessels in such shipyards, and the cost of constructing or remodeling such vessels in a shipyard of the United States.

istrator.

"(b) The Secretary may pay, from funds appropriated under this Construction Act for fiscal year 1970 and subsequent fiscal years with respect to subsidy, limiany new fishing vessel for which an application is received in such tation. years and approved under section 3 of this Act, a construction subsidy 46 USC 1403. of not less than 35 per centum and not more than 50 per centum of the lowest responsible bid for the construction of such vessel in a shipyard of the United States, as determined and certified to the Secretary by the Maritime Administrator, excluding the costs, if any, of any feature incorporated in the vessel for national defense uses which costs shall be paid by the Department of Defense in addition to such subsidy. The amount of such subsidy for each such vessel shall be determined and certified to the Secretary by the Maritime Administrator based on the periodic survey conducted under subsection (a) of this section. "(c) The Secretary may pay, from funds appropriated under this Payment of Act for fiscal year 1970 and subsequent fiscal years with respect to any funds.

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