Restriction. Apportionment of funds. Formula. Submission of ects. 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), there is authorized to be appropriated $100,000 for the fiscal year beginning after the date of enactment of this Act and for each succeeding fiscal year during the term of this Act, which shall be made available to the States in such amounts as the Secretary may determine for developing a new commercial fishery therein. SEC. 5. (a) Funds appropriated pursuant to section 4(a) 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 fishermen 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 calen. dar 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 Act 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. SEC. 6. (a) Any State desiring to avail itself of the benefits of this plans for proj- Act 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 Act 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 Act may be oblirated 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 Act 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 Approval. this Act. (b) 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 4(a) of this Act as represents the Federal share payable under this Act on account of the project, which sum shall not exceed 75 t 78 STAT. 199. (c) When the Secretary determines that a project approved by him Payment to proper had been completed, he shall cause to be paid to the proper authority of authority. 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. SEC. 7. (a) All work, including the furnishing of labor and materials, Work conditions. 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) All laborers and mechanics employed by contractors or subcon- Pay rates. tractors on all construction projects assisted under this Act shall be paid wages at rates not less than those prevailing on similar construc tion in the locality, as determined by the Secretary of Labor in accord ance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), 49 Stat. 1011. and shall receive overtime pay in accordance with and subject to the provisions of the Contract Work Hours Standards Act (Public Law 87-581). The Secretary of Labor shall have with respect to the labor 76 Stat. 357. standards specified in this section the authority and functions set forth 40 USC 327 in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). (c) If a State disposes of any real or personal property acquired under this Act, 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 Act 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 Act for the acquisition of the property involved. note. 64 Stat. 1267. 63 Stat. 108. Property dis posal. SEC. 8. The Secretary is authorized to make such rules and regula- Rules and regtions as he determines necessary to carry out the purposes of this Act. ulations. SEC. 9. Amend section 4 of the Fish and Wildlife Act of 1956 (70 Stat. 1121) as amended (16 U.S.C. sec. 742c), by adding a new subsec tion to read as follows: "(e) The Secretary is authorized under such terms and conditions Fishing vessels, and pursuant to regulations prescribed by him to use the funds appro- chartering. priated under this section to make loans to commercial fishermen for Loans to Alaskan the purpose of chartering fishing vessels pending the construction or earthquake vicrepair of vessels lost, destroyed, or damaged by the earthquake of tims. March 27, 1964, and subsequent tidal waves related thereto: Provided, 78 STAT. 199. the net profits of the operations of such chartered vessels, which profits shall be reduced by such reasonable amount as determined by the Secretary for the salary of the fishermen chartering such vessels. The funds authorized herein shall not be available for such loans after June 30, 1966." Approved May 20, 1964. LEGISLATIVE HISTORY: HOUSE REPORT No. 1363 Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD: Vol. 109 (1963): July 18, 22, considered and passed Senate. 88th Congress, H. R. 10053 An Act 78 STAT. 313. To amend section 502 of the Merchant Marine Act, 1936, relating to construction differential subsidies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso in Vessels. the second sentence of subsection (b) of section 502 of the Merchant Construction Marine Act, 1936, as amended (46 U.S.C. 1152(b)), is amended by subsidy, exstriking out "June 30, 1964," and inserting in lieu thereof "June 30, tension. 1965,". Approved July 11, 1964. 76 Stat. 1200. LEGISLATIVE HISTORY: HOUSE REPORT No. 1366 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 110 (1964): May 4: Considered and passed House. June 29: Considered and passed Senate, amended. June 30, July 2: House concurred in Senate amendments. 88th Congress, H. R. 82 An Act To amend the Merchant Marine Act, 1936, in order to provide for the reimbursement of certain vessel construction expenses. 78 STAT. 355, expenses. 52 Stat. 957; 70 Stat. 657, 49 Stat. 1995. 46 USC 1151 et seq. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 502(f) Vessels. of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1152(f)), Construction is amended by inserting at the end thereof the following: "If, as a result of allocation under this subsection, the applicant incurs expenses for inspection and supervision of the vessel during construction and for the delivery voyage of the vessel in excess of the estimated expenses for the same services that he would have incurred if the vessel had been constructed by the lowest responsible bidder the Secretary of Commerce (with respect to construction under title V, except section 509) shall reimburse the applicant for such excess, less one-half of any gross income the applicant receives that is allocable to the delivery voyage minus one-half of the extra expenses incurred to produce such gross income, and such reimbursement shall not be considered part of the construction-differential subsidy: Provided, That no interest shall be paid on any refund authorized under this Act. If the vessel is constructed under section 509 the Secretary 46 USC 1159. of Commerce shall reduce the price of the vessel by such excess, less one-half of any gross income (minus one-half of the extra expenses incurred to produce such gross income) the applicant receives that is allocable to the delivery voyage. In the case of a vessel that is not to receive operating-differential subsidy, the delivery voyage shall be deemed terminated at the port where the vessel begins loading. In the case of a vessel that is to receive operating-differential subsidy, the delivery voyage shall be deemed terminated when the vessel begins loading at a United States port on any essential service of the operator. In either case, however, the vessel owner shall not be compensated for excess vessel delivery costs in an amount greater than the expenses that would have been incurred in delivering the vessel from the shipyard at which it was built to the shipyard of the lowest responsible bidder. If as a result of such allocation, the expenses the applicant incurs with respect to such services are less than the expenses he would have incurred for such services if the vessel had been constructed by the lowest responsible bidder, the applicant shall pay to the Secretary of Commerce an amount equal to such reduction and, if the vessel was built with the aid of construction-differential subsidy, such payment shall not be considered a reduction of the constructiondifferential subsidy." SEC. 2. The amendment made by this Act shall be effective with Modification respect to any contract entered into under the provisions of section of contract. 502 of the Merchant Marine Act, 1936, as amended, and the Secretary of Commerce shall, with the consent of the other parties thereto, modify any such contract entered into prior to the date of the enactment of this Act to the extent authorized by the amendment made by this Act, except that the Secretary shall not agree to any such modification which would result in a payment by the United States unless, within one year after enactment of this Act, application is made for such modification. No payment shall be made by the Secretary under the provisions of the amendment made by this Act with respect to any |