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(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, 7781, 778g of this title.

4. Fish Protein Concentrate Study
22 U.S.C. 2178

§ 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.

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"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.

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§ 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

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men 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 chapter 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. (Pub. L. 88-309, § 5, May 20, 1964, 78 Stat. 198.) § 779d. Plans.

(a) Submission by States; notification of approval; approval prerequisite to obligation of appropriations and expenditure of funds.

Any State desiring to avail itself of the benefits of this chapter 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 chapter 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 chapter 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 chapter 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 chapter.

(b) Approval; notice; allocation of appropriations; limitation on amount.

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 779b (a) of this title as represents the Federal share payable under this chapter on account of the project, which sum shall not exceed 75 per centum of the total estimated cost of the project.

(c) Payment to proper authority; progress payments. 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 the State. (Pub. L. 88-309, § 6, May 20, 1964, 78 Stat. 198.)

§ 779e. Working conditions.

(a) Laws governing; supervision by State agency; regulations of the Secretary; title to property. 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 accordance with regulations as the Secretary may prescribe. Title to all property, real and personal, acquired for the purposes of completing any project approved by the Secretary, vests in the State. (b) Pay rates.

All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, and shall receive overtime pay in accordance with and subject to the provisions of the Contract Work Hours Standards Act. The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 276c of Title 40.

(c) Property disposal.

If a State disposes of any real or personal property acquired under this chapter, the State shall pay into the Treasury of the United States the amount of any proceeds resulting from the property disposal to the extent of and in the same ratio that funds provided by this chapter were used in the acquisition of the property. In no case shall the amount paid into the Treasury of the United States under this section exceed the amount of funds provided by this chapter for the acquisition of the property involved. (Pub. L. 88-309, § 7, May 20, 1964, 78 Stat. 199.)

REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in subsec. (b), is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

The Contract Work Hours Standards Act, referred to in subsec. (b), is classified to sections 327-332 of Title 40. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (b), is set out in the Appendix to Title 5, Government Organization and Employees.

§ 779f. Rules and regulations.

The Secretary is authorized to make such rules and regulations as he determines necessary to carry out the purposes of this chapter. (Pub. L. 88–309, § 8, May 20, 1964, 78 Stat. 199.)

6. Interstate Compacts

16 U.S.C. 667 a

$667a. State compacts for regulation of fishing in territorial or inland waters.

The consent of Congress is given to any two or more of the States of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia,, and Florida, to enter into compacts or agreements, not in conflict with any law of the United States, for cooperative effort and mutual assistance for the uniform, common, or mutual regulation of fishing or of any species of fish, mollusks, or crustacea in the territorial waters and bays and inlets of the Atlantic Ocean on which such States border or to which their jurisdiction otherwise extends and of anadromous fish spawning in the inland waters of those States.

The consent of Congress is granted to States other than those specified but which have jurisdiction over Inland waters frequented by anadromous fish of the sea to enter into compacts or agreements authorized by this section.

The consent of Congress is given to any of the alorementioned States to establish such agencies or authorities, Joint or otherwise, as they may deem desirable for making effective compacts or agreements authorized in this section.

Any such compact or agreement shall not be binding or obligatory upon the signatory States unless It has been approved by the legislatures of such States and by the Congress of the United States. June 8, 1940, ch. 295, 1} 1—4, 54 Stat. 261.)

a. Atlantic States Marine Fisheries Compact Act of May 4, 1942

P.L. 77-539, Act of May 4, 1942, Ch. 283, 56 Stat. 267

AN ACT

Granting the consent and approval of Congress to an interstate compact relating to the better utilization of the fisheries (marine, shell, and anadromous) of the Atlantic seaboard and creating the Atlantic States Marine Fisheries Commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent and approval of Congress is hereby given to an interstate compact (which shall be operative for not more than fifteen years from the date of the enactment of this Act) relating to the better utilization of the fisheries (marine, shell, and anadromous) of the Atlantic seaboard and creating the Atlantic States Marine Fisheries Commission, negotiated and entered into or to be entered into under the authority of Public Resolution Numbered 79, Seventy-sixth Congress, approved June 8, 1940, and now ratified by the States of Maine, New Hampshire, Masachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, and Virginia, which compact reads as follows:

"The contracting states solemnly agree:

"ARTICLE I

"The purpose of this compact is to promote the better utilization of the fisheries, marine, shell and anadromous of the Atlantic seaboard by the development of a joint program for the promotion and protection of such fisheries, and by the prevention of the physical waste of the fisheries from any cause. It is not the purpose of this compact to authorize the states joining herein to limit the production of fish or fish products for the purpose of establishing or fixing the price thereof, or creating and perpetuating monopoly.

"ARTICLE II

"This agreement shall become operative immediately as to those states executing it whenever any two or more of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida have executed it in the form that is in accordance with the laws of the executing state and the Congress has given its consent. Any state contiguous with any of the aforementioned states and riparian upon waters frequented by anadromous fish, flowing into waters under the jurisdiction of any of the aforementioned states, may become a party hereto as nereinafter provided.

"ARTICLE III

"Each state joining herein shall appoint three representatives to a Commission hereby constituted and designated as the Atlantic States Marine Fisheries Commission. One shall be the executive officer of the administrative agency of such state charged with the conservation of the fisheries resources to which this compact pertains or, if there be more than one officer or agency, the official of that state named by the governor thereof. The second shall be a member of the legislature of such state designated by the Commission or Committee on Interstate Cooperation of such state, or if there be none, or if said Commission on Interstate Cooperation cannot constitutionally designate the said member, such legislator shall be designated by the governor thereof; provided, that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed by the governor of said state in his discretion. The third shall be a citizen who shall have a knowledge of and interest in the marine fisheries problem, to be appointed by the governor. The Commission shall be a body corporate with the powers and duties set forth herein.

"ARTICLE IV

"The duty of the said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and

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