ANADROMOUS FISH CONSERVATION ACT Act of October 30, 1965, Public Law 89-304, 79 Stat. 1125, 16 U.S.C. 757a et seq. AN ACT To authorize the Secretary of the Interior to initiate with the several States a cooperative program for the conservation, development, and enhancement of the Nation's anadromous fish, 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) for the purpose of conserving, developing, and enhancing within the several States the anadromous fishery resources of the Nation that are subject to depletion from water resources developments and other causes, or with respect to which the United States has made conservation commitments by international agreements, and for the purpose of conserving, developing, and enl.ancing the fish in the Great Lakes that ascend streams to spawn, the Secretary of the Interior is authorized to enter into cooperative agreements with one or more States, acting jointly or severally, that are concerned with the development, conservation, and enhancement of such fish, and, whenever he deems it appropriate, with other non-Federal interests. Such agreements shall describe (1) the actions to be taken by the Secretary and the cooperating parties, (2) the benefits that are expected to be derived by the States and other non-Federal interests, (3) the estimated cost of these actions, (4) the share of such costs to be borne by the Federal Government and by the States and other non-Federal interests: Provided, That, except as provided in subsection (c) of this section,' the Federal share, including the operation and maintenance costs of any facilities constructed by the Secretary pursuant to this Act, which he annually determines to be a proper Federal cost, shall not exceed 50 per centum of such costs exclusive of the value of any Federal land involved: Provided further, That the non-Federal share may be in the form of real or personal property, the value of which will be determined by the Secretary, as well as money, (5) the term of the agreement, (6) the terms and conditions for disposing of any real or personal property acquired by the Secretary during or at the end of the term of the agreement, and (7) such other terms and conditions as he deems desirable. (b) The Secretary may also enter into agreements with the States. for the operation of any facilities and management and administration of any lands or interests therein acquired or facilities constructed pursuant to this Act. (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 1 Amended by the Act of May 14, 1970, Public Law 91-249, 84 Stat. 214, which added subsection (c) and made the Federal share of the cost of conservation, development and enhancement of the anadromous fishery resources subject to the provisions of subsec tion (c). 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 66% 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 of this subsection, the term "basin" includes rivers and their tributaries, lakes, and other bodies of water or portions thereof. SEC. 2.3 The Secretary, in accordance with any agreements entered into pursuant to section 1(a) of this Act, is authorized (1) to conduct such investigations, engineering and biological surveys, and research as may be desirable to carry out the program; (2) to carry out stream clearance activities; (3) to construct, install, maintain, and operate devices and structures for the improvement of feeding and spawning conditions, for the protection of fishery resources, and for facilitating the free migration of the fish, and for control of the sea lamprey; (4) to construct, operate, and maintain fish hatcheries wherever necessary to accomplish the purposes of this Act; (5) to conduct such studies and make such recommendations as the Secretary determines to be appropriate regarding the development and management of any stream or other body of water for the conservation and enhancement of anadromous fishery resources and the fish in the Great Lakes that ascend streams to spawn: Provided, That the reports on such studies and the recommendations of the Secretary shall be transmitted to the States, the Congress, and the Federal water resources construction agencies for their information: Provided further, That this Act shall not be construed as authorizing the formulation or construction of water resources projects, except that water resources projects which are determined by the Secretary to be needed solely for the conservation, protection, and enhancement of such fish may be planned and constructed by the Bureau of Reclamation in its currently authorized geographic area of responsibility, or by the Corps of Engineers, or by the Department of Agriculture, or by the States, with funds made available by the Secretary under this Act and subject to the costsharing and appropriations provisions of this Act; (6) to acquire lands or interests therein by purchase, lease, donation, or exchange for acquired lands or public lands under his jurisdiction which he finds suitable for disposition: Provided, That the lands or interests therein so exchanged shall involve approximately equal values, as determined by the Secretary: Provided further, That the Secretary may accept cash from, or pay cash to, the grantor in such an exchange in order to equalize the values of the properties exchanged; (7) to accept donations of funds and to use such funds to acquire or manage lands or interests therein; and (8) to administer such lands or interests therein for the purposes of this Act. Title to lands or interests therein acquired pursuant to this Act shall be in the United States. SEC. 3. Activities authorized by this Act to be performed on lands administered by other Federal departments or agencies shall be carried out only with the prior approval of such departments or agencies. The Act of July 30, 1974, Public Law 93-362, 88 Stat. 398, substituted "66% per centum" for "60 per centum". 16 U.S.C. 7576. The Act of July 30, 1974, Public Law 93-362, 88 Stat. 398, inserted at the end of section 2, clause (3), the following new language "and for control of the sea lamprey". 16 D.S.C. 757c, SEC. 4.5 (a) There are authorized to be appropriated to carry out the purposes of this Act not to exceed the following sums: (1) $11,000,000 for fiscal year 1980. Sums appropriated under this subsection are authorized to remain available until expended. (b) Not more than $1,125,000 of the funds appropriated under this section in any one fiscal year shall be obligated in any one State. SEC. 5. This Act shall not be construed to affect, modify, or apply to the same area as the provisions of the Act of May 11, 1938 (52 Stat. 345), as amended (16 U.S.C. 755-757). SEC. 6. The Secretary of the Interior shall, on the basis of studies carried out pursuant to this Act and section 5 of the Fish and Wildlife Coordination Act (48 Stat. 402), as amended (16 U.S.C. 665), make recommendations to the Secretary of Health, Education, and Welfare concerning the elimination or reduction of polluting substances detrimental to fish and wildlife in interstate or navigable waters or the tributaries thereof. Such recommendations and any enforcement measures initiated pursuant thereto by the Secretary of Health, Education, and Welfare shall be designed to enhance the quality of such waters, and shall take into consideration all other legitimate uses of such waters. SEC. 7. (a) The Secretary shall cooperate with States and other non-Federal interests in conducting studies of (1) the size and distribution of the population of striped bass (Morone saxatilis), including, but not limited to, studies to determine the amount and geographical location of annual spawning; and (2) the factors responsible for the decline in the number of striped bass that are available to the public for recreational and commercial use, including, but not limited to (A) analyses of the extent and causes of mortality at successive stages in the life cycle of striped bass, (B) a determination of the effects of pollution on the viability and condition of eggs and larval fish, and (C) a survey of the economic importance of recreational and commercial striped bass fisheries. (b) The Secretary shall make annual reports to the Congress concerning the progress and findings of the studies conducted pursuant to subsection (a) of this section. Such reports shall, where appropriate, contain recommendations of actions which could be taken to improve the population of striped bass. (c) For purposes of conducting the studies required by this section, the Secretary may enter into agreements with States and other nonFederal interests in accordance with the provisions of the first section of this Act or he may carry out such studies directly, as he deems appropriate: Provided, That any agreement entered into pursuant to 616 U.S.C. 757d. The current authorization levels were provided by the Act of Novem ber 16, 1979, Public Law 96-118, 93 Stat. 859. 16 U.S.C. 757e. 716 U.S.C. 757f. Added by the Act of November 16, 1979, Public Law 96-118, section 4, 93 Stat. 859, this subsection shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. (d) There are authorized to be appropriated for the purposes of carrying out the studies described in subsection (a) of this section not to exceed $1,000,000 for the fiscal year ending September 30, 1980, not to exceed $1,750,000 for the fiscal year ending September 30, 1981, and not to exceed $2,000,000 for the fiscal year ending September 30, 1982. Funds authorized to be appropriated by this subsection are in addition to any funds authorized by section 4 which may be used for projects involving or affecting striped bass. If the Secretary considers that the studies described in subsection (a) should be continued after September 30, 1982, the Secretary shall inform the Congress in writing before February 15, 1981, of the reasons why and for how long such continuation is believed to be warranted. SEC. 8.9 This Act may be cited as the "Anadromous Fish Conservation Act." *16 U.S.C. 757 note. NATIONAL AQUACULTURE ACT OF 1980 Act of September 26, 1980, Public Law 96-362, 94 Stat. 1198, 16 U.S.C. 2801, et seq. AN ACT To provide for the development of aquaculture in the United States, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Aquaculture Act of 1980." FINDINGS, PURPOSE, AND POLICY SEC. 2. (a) FINDINGS.-Congress finds the following: (1) The harvest of certain species of fish and shellfish exceeds levels of optimum sustainable yield, thereby making it more difficult to meet the increasing demand for aquatic food. (2) To satisfy the domestic market for aquatic food, the United States imports more than 50 per centum of its fish and shellfish, but this dependence on imports adversely affects the national balance of payments and contributes to the uncertainty of supplies. (3) Although aquaculture currently contributes approximately 10 per centum of world seafood production, less than 3 per centum of current United States seafood production results from aquaculture. Domestic aquacultural production, therefore, has the potential for significant growth. (4) Aquacultural production of aquatic plants can provide sources of food, industrial materials, pharmaceuticals, and energy, and can assist in the control and abatement of pollution. (5) The rehabilitation and enhancement of fish and shellfish resources are desirable applications of aquacultural technology. (6) The principal responsibility for the development of aquaculture in the United States must rest with the private sector. (7) Despite its potential, the development of aquaculture in the United States has been inhibited by many economic, legal, and production factors, such as inadequate credit, diffused legal jurisdiction, the lack of management information, and the lack of reliable supplies of seed stock. (8) Many areas of the United States are suitable for aquaculture, but are subject to land-use or water-use management policies that do not adequately consider the potential for aquaculture and may inhibit the development of aquaculture. (b) PURPOSE.-It is the purpose of this Act to promote aquaculture in the United States by (1) declaring a national aquaculture policy; 1 |