-CITE-
    16 USC CHAPTER 48 - NATIONAL AQUACULTURE POLICY,
           PLANNING, AND DEVELOPMENT                       01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-MISC1-
    Sec.                                                     
    2801.       Congressional findings, purpose, and policy.          
    2802.       Definitions.                                          
    2803.       National Aquaculture Development Plan.                
    2804.       Functions and powers of Secretaries.                  
    2805.       Coordination of national activities regarding
                 aquaculture.                                         
    2806.       Contracts and grants.                                 
    2807.       Capital requirements for aquaculture.                 
    2808.       Regulatory constraints on aquaculture.                
    2809.       Authorizations for appropriations.                    
    2810.       Disclaimer.                                           
-End-
-CITE-
    16 USC Sec. 2801                                            01/03/2007
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    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2801. Congressional findings, purpose, and policy
-STATUTE-
    (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 13
      percent of world seafood production, less than 6 percent 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 scientific,
      economic, legal, and production factors, such as inadequate
      credit, diffused legal jurisdiction, the lack of management
      information, the lack of supportive Government policies, 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 chapter to promote aquaculture in the
    United States by - 
        (1) declaring a national aquaculture policy;
        (2) establishing and implementing a national aquaculture
      development plan;
        (3) establishing the Department of Agriculture as the lead
      Federal agency with respect to the coordination and dissemination
      of national aquaculture information by designating the Secretary
      of Agriculture as the permanent chairman of the coordinating
      group and by establishing a National Aquaculture Information
      Center within the Department of Agriculture; and
        (4) encouraging aquaculture activities and programs in both the
      public and private sectors of the economy;
    that will result in increased aquacultural production, the
    coordination of domestic aquaculture efforts, the conservation and
    enhancement of aquatic resources, the creation of new industries
    and job opportunities, and other national benefits.
    (c) Policy
      Congress declares that aquaculture has the potential for reducing
    the United States trade deficit in fisheries products, for
    augmenting existing commercial and recreational fisheries and for
    producing other renewable resources, thereby assisting the United
    States in meeting its future food needs and contributing to the
    solution of world resource problems. It is, therefore, in the
    national interest, and it is the national policy, to encourage the
    development of aquaculture in the United States.
-SOURCE-
    (Pub. L. 96-362, Sec. 2, Sept. 26, 1980, 94 Stat. 1198; Pub. L. 99-
    198, title XVII, Sec. 1732, Dec. 23, 1985, 99 Stat. 1641.)
-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (a)(3). Pub. L. 99-198, Sec. 1732(1), substituted
    "13 percent" for "10 per centum" and "6 percent" for "3 per
    centum".
      Subsec. (a)(7). Pub. L. 99-198, Sec. 1732(2), inserted
    "scientific," before "economic," and "the lack of supportive
    Government policies," after "management information,".
      Subsec. (b)(3), (4). Pub. L. 99-198, Sec. 1732(3), added par. (3)
    and redesignated former par. (3) as (4).
      Subsec. (c). Pub. L. 99-198, Sec. 1732(4), inserted "or reducing
    the United States trade deficit in fisheries products,".
                       SHORT TITLE OF 1985 AMENDMENT                   
      Section 1731 of Pub. L. 99-198 provided that: "This subtitle
    [subtitle C [D] (Secs. 1731-1737) of title XVII of Pub. L. 99-198,
    amending this section and sections 2802 to 2805 and 2809 of this
    title] may be cited as the 'National Aquaculture Improvement Act of
    1985'."
                                SHORT TITLE                            
      Section 1 of Pub. L. 96-362 provided: "That this Act [enacting
    this chapter] may be cited as the 'National Aquaculture Act of
    1980'."
-End-
-CITE-
    16 USC Sec. 2802                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2802. Definitions
-STATUTE-
      As used in this chapter, unless the context otherwise requires - 
        (1) The term "aquaculture" means the propagation and rearing of
      aquatic species in controlled or selected environments,
      including, but not limited to, ocean ranching (except private
      ocean ranching of Pacific salmon for profit in those States where
      such ranching is prohibited by law).
        (2) The term "aquaculture facility" means any land, structure,
      or other appurtenance that is used for aquaculture and is located
      in any State. Such term includes, but is not limited to, any
      laboratory, hatchery, rearing pond, raceway, pen, incubator, or
      other equipment used in aquaculture.
        (3) The term "aquatic species" means any species of finfish,
      mollusk, crustacean, or other aquatic invertebrate, amphibian,
      reptile, or aquatic plant.
        (4) The term "coordinating group" means the interagency
      aquaculture coordinating group established by section 2805 of
      this title.
        (5) The term "person" means any individual who is a citizen or
      national of the United States or of any State, any Indian tribe,
      any institution of higher education, and any corporation,
      partnership, association or other entity (including, but not
      limited to, any community development corporation, producer
      cooperative, or fishermen's cooperative) organized or existing
      under the laws of any State.
        (6) The term "Plan" means the National Aquaculture Development
      Plan required to be established under section 2803 of this title.
        (7) The term "Secretaries" means the Secretary of Agriculture,
      the Secretary of Commerce, and the Secretary of the Interior.
        (8) The term "Secretary" means the Secretary of Agriculture.
        (9) The term "State" means any of the several States, the
      District of Columbia, the Commonwealth of Puerto Rico, American
      Samoa, the Virgin Islands of the United States, Guam, the
      Commonwealth of the Northern Mariana Islands, and the Trust
      Territory of the Pacific Islands, or any other territory or
      possession of the United States.
-SOURCE-
    (Pub. L. 96-362, Sec. 3, Sept. 26, 1980, 94 Stat. 1199; Pub. L. 99-
    198, title XVII, Sec. 1733, Dec. 23, 1985, 99 Stat. 1641.)
-MISC1-
                                AMENDMENTS                            
      1985 - Pars. (8), (9). Pub. L. 99-198 added par. (8) and
    redesignated former par. (8) as (9).
-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
-End-
-CITE-
    16 USC Sec. 2803                                            01/03/2007
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    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2803. National Aquaculture Development Plan
-STATUTE-
    (a) In general
      (1) Within eighteen months after September 26, 1980, the
    Secretaries shall establish the National Aquaculture Development
    Plan.
      (2) In developing the Plan, and revisions thereto under
    subsection (d) of this section, beginning not later than six months
    after September 26, 1980, the Secretary shall consult with the
    Secretary of Commerce and the Secretary of the Interior, other
    appropriate Federal officers, States, regional fishery management
    councils established under section 1852 of this title, and
    representatives of the aquaculture industry. In addition, the
    Secretary shall give interested persons and organizations an
    opportunity to comment during the development of the Plan.
    (b) Contents of Plan
      The Plan shall - 
        (1) identify aquatic species that the Secretaries determine to
      have significant potential for culturing on a commercial or other
      basis;
        (2) recommend actions to be taken by the public and private
      sectors (which may include, but are not limited to, research and
      development, technical assistance, demonstration, extension
      education, and training activities) that are necessary to achieve
      such potential;
        (3) address, after taking into account the status of
      aquaculture regarding the aquatic species concerned - 
          (A) aquaculture facility design and operation,
          (B) water quality management,
          (C) use of waste products (including thermal effluents),
          (D) nutrition and the development of economical feeds,
        including natural food sources,
          (E) life history, genetics, physiology, pathology, and
        disease control (including research regarding organisms that
        may not be harmful to fish and shellfish, but are injurious to
        humans),
          (F) processing and market development,
          (G) production management and quality control, and
          (H) the development of adequate supplies of seed stock;
        (4) include, where appropriate, research programs on the effect
      of aquaculture on estuarine and other water areas and on the
      management of such areas for aquaculture;
        (5) include, where appropriate, programs to analyze, and
      formulate proposed resolutions of, the legal or regulatory
      constraints that may affect aquaculture; and
        (6) include such other research and development, technical
      assistance, demonstration, extension education, and training
      programs as the Secretary deems necessary or appropriate to carry
      out this chapter.
    In formulating the Plan, the Secretary shall, to the extent
    practicable, take into account any significant action that (i) has
    been, or is proposed to be, undertaken by any other Federal
    department or agency, any State agency, or any person, and (ii) may
    affect the implementation of the Plan.
    (c) Actions and implementation
      The Plan shall specify - 
        (1) with respect to those actions that the Secretary determines
      should be undertaken, the period of time within which each such
      action should be completed, in order to implement the Plan; and
        (2) with respect to each such action which of the Secretaries,
      acting individually, jointly, or collectively, has the
      responsibility for implementing the action.
    The specifications of Secretarial responsibilities under paragraph
    (2) for implementing actions shall be determined on the basis of - 
        (A) the responsibilities conferred on the respective
      Secretaries by law or by any executive action having the effect
      of law (including, but not limited to, Reorganization Plan
      Numbered 4 of 1970);
        (B) the experience, expertise, and other appropriate resources
      that the department of each such Secretary may have with respect
      to the action required under the activity concerned; and
        (C) the concurrence of the Secretaries.
    (d) Revision of Plan
      The Secretaries shall undertake periodic reviews of the operation
    and effectiveness of the Plan. If as a result of any such review,
    or the aquaculture assessment required under subsection (e) of this
    section, the Secretaries determine that - 
        (1) any aquatic species not currently identified in the Plan
      has significant potential for aquaculture;
        (2) any action specified in the Plan is not being accomplished
      on a successful and timely basis; or
        (3) any action specified in the Plan should be terminated
      because its objectives have been achieved or its projected
      benefits do not warrant further support;
    the Secretaries shall appropriately amend the Plan.
    (e) Continuing aquaculture assessment
      The Secretaries, through the coordinating group, shall undertake
    a continuing assessment of aquaculture in the United States for the
    purpose of maintaining, on a continuing basis - 
        (1) a complete profile of the aquacultural industry with
      respect to the incidence, size, and status of commercial
      aquacultural enterprises;
        (2) the identification of the private and public institutions
      and organizations involved in aquacultural research, extension,
      credit, and market development;
        (3) the identification of the various aquatic species being
      cultured and a description of the status of commercial
      development of each of those species;
        (4) to the extent practicable, the identification of
      aquacultural production regions, species, and markets that have
      significant potential for development;
        (5) a catalog describing all Federal programs and activities
      that directly or indirectly encourage, support, or assist
      aquaculture; and
        (6) the identification of the economic, physical, legal,
      institutional, and social constraints that inhibit the
      development of aquaculture in the United States.
-SOURCE-
    (Pub. L. 96-362, Sec. 4, Sept. 26, 1980, 94 Stat. 1199; Pub. L. 96-
    561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L.
    99-198, title XVII, Sec. 1734, Dec. 23, 1985, 99 Stat. 1641; Pub.
    L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)],
    Sept. 30, 1996, 110 Stat. 3009, 3009-41.)
-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Numbered 4 of 1970, referred to in subsec.
    (c)(A), is Reorg. Plan No. 4 of 1970, 35 F.R. 15627, 84 Stat. 2090,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.
-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-208 made technical amendment
    to reference in original act which appears in text as reference to
    section 1852 of this title.
      1985 - Subsec. (a)(2). Pub. L. 99-198, Sec. 1734(1)(A), (B),
    substituted "Secretary" for "Secretaries" wherever appearing and
    inserted provisions requiring consultations with the Secretary of
    Commerce and the Secretary of the Interior.
      Subsec. (a)(3). Pub. L. 99-198, Sec. 1734(1)(C), struck out par.
    (3) which provided for the establishment of an advisory committee
    to assist in the initial development of the Plan.
      Subsec. (b). Pub. L. 99-198, Sec. 1734(2), inserted "to" after
    "determine" in par. (1), substituted "Secretary deems" for
    "Secretaries deem" in par. (6), and substituted "Secretary" for
    "Secretaries" in provisions following par. (6).
      Subsec. (c)(1). Pub. L. 99-198, Sec. 1734(3)(A), substituted
    "Secretary determines" for "Secretaries determine".
      Subsec. (c)(2)(C). Pub. L. 99-198, Sec. 1734(3)(B)-(D), added
    subpar. (C).
      1980 - Subsec. (a)(2). Pub. L. 96-561 made technical amendment to
    reference in original act which appears in text as reference to
    section 1852 of this title.
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-
    208 provided that the amendment made by that section is effective
    15 days after Oct. 11, 1996.
                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 238(b) of Pub. L. 96-561 provided that the amendment made
    by that section is effective 15 days after Dec. 22, 1980.
-End-
-CITE-
    16 USC Sec. 2804                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2804. Functions and powers of Secretaries
-STATUTE-
    (a) Mandatory functions
      In implementing the Plan, the Secretaries shall - 
        (1) provide advisory, educational, and technical assistance
      (including training) with respect to aquaculture to interested
      persons, and in providing such assistance, shall, to the maximum
      extent practicable, avoid duplication of similar assistance
      provided by other Federal departments and agencies and by State
      agencies;
        (2) consult and cooperate with interested persons, Federal
      departments and agencies, State agencies, and regional fishery
      management councils established under section 1852 of this title;
        (3) encourage the implementation of aquacultural technology in
      the rehabilitation and enhancement of publicly owned fish and
      shellfish stocks (including rehabilitation and enhancement by
      private nonprofit enterprises), and in the development of private
      commercial aquacultural enterprises; and
        (4) prescribe such regulations as may be necessary to carry out
      the Plan.
    (b) Discretionary functions
      In implementing the Plan, the Secretaries may - 
        (1) for the purposes of assessing the biological, technical,
      and economic feasibility of any aquacultural system - 
          (A) conduct tests of the system, and, if necessary to
        demonstrate its feasibility, construct, operate, and maintain
        developmental aquaculture facilities for testing laboratory
        results, and
          (B) conduct such other tests or analyses as may be necessary;
        (2) develop methods to enhance seed stocks of aquatic species;
      and
        (3) conduct such other tests or analyses or take such other
      actions as the Secretaries deem necessary or appropriate.
    (c) Information services
      (1) In addition to performing such other mandatory functions
    under this chapter - 
        (A) the Secretaries shall collect and analyze scientific,
      technical, legal, and economic information relating to
      aquaculture, including acreages, water use, production,
      marketing, culture techniques, and other relevant matters;
        (B) the Secretary shall - 
          (i) establish, within the Department of Agriculture, a
        National Aquaculture Information Center that shall serve as a
        repository for the information generated under subparagraph (A)
        and other provisions of this chapter and shall, on a request
        basis, make that information available to the public,
          (ii) arrange with foreign nations for the exchange of
        information relating to aquaculture and support a translation
        service, and
          (iii) conduct a study of the extent to which the United
        States aquaculture industry has access to relevant Federal
        programs which assist the agricultural sector and report to
        Congress on the findings of such study by December 31, 1986;
        (C) the Secretary of Commerce shall conduct a study, and report
      to Congress thereon by December 31, 1987, to determine whether
      existing capture fisheries could be adversely affected by
      competition from products produced by commercial aquacultural
      enterprises and include in such study an assessment of any
      adverse effect, by species and by geographical region, on such
      fisheries and recommend measures to ameliorate any such effect;
      and
        (D) the Secretary of the Interior, in consultation with the
      Secretary of Commerce, shall undertake a study, and report to
      Congress thereon by December 31, 1987, to identify exotic species
      introduced into the United States waters as a result of
      aquaculture activities, and to determine the potential benefits
      and impacts of the introduction of exotic species.
      (2) Any production information submitted to the Secretaries under
    paragraph (1)(A) shall be confidential and may only be disclosed if
    required under court order. The Secretaries shall preserve such
    confidentiality. The Secretaries may release or make public any
    information in any aggregate or summary form that does not directly
    or indirectly disclose the identity, business transactions, or
    trade secrets of any person who submits such information.
    (d) Biennial report
      The Secretary, through the coordinating group and in consultation
    with the Secretary of Commerce and the Secretary of the
    Interior,,(!1) shall prepare on a biennial basis, and submit to
    Congress, a report on the status of aquaculture in the United
    States. Such report shall contain a description and evaluation of
    the actions undertaken with respect to the Plan during the
    reporting period, and explanation of any revisions made to the Plan
    during the reporting period, and such other comments and
    recommendations as the Secretary deems appropriate. The report
    required by this subsection shall be submitted to the Congress not
    later than February 1, 1988.
-SOURCE-
    (Pub. L. 96-362, Sec. 5, Sept. 26, 1980, 94 Stat. 1201; Pub. L. 96-
    561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L.
    99-198, title XVII, Sec. 1735, Dec. 23, 1985, 99 Stat. 1642; Pub.
    L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)],
    Sept. 30, 1996, 110 Stat. 3009, 3009-41.)
-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-208 made technical amendment
    to reference in original act which appears in text as reference to
    section 1852 of this title.
      1985 - Subsec. (c)(1). Pub. L. 99-198, Sec. 1735(1), amended par.
    (1) generally. Prior to amendment, par. (1) provided that in
    addition to performing such other required functions under this
    chapter, the Secretaries shall (A) establish and maintain an
    information service for the collection, analysis, and dissemination
    of scientific, technical, legal, and economic information relating
    to aquaculture; (B) conduct appropriate surveys, in coordination
    with other Federal departments and agencies, of public and private
    aquacultural activities being conducted in the United States for
    the purpose of acquiring information on acreages, water use,
    production, culture techniques, and other relevant matters; (C)
    arrange with foreign nations for the exchange of information
    relating to aquaculture and support a translation service; (D)
    conduct a continuing study to determine whether existing capture
    fisheries could be adversely affected by competition from products
    produced by commercial aquacultural enterprises and include in such
    study (i) an assessment of any adverse effect, by species and by
    geographical region, on such fisheries, and (ii) recommended
    measures to ameliorate any such effect; and (E) report to Congress
    on the findings of the study conducted under subparagraph (D) in
    the biennial status report required under subsection (d) of this
    section.
      Subsec. (c)(2). Pub. L. 99-198, Sec. 1735(1), amended par. (2)
    generally, substituting "The Secretaries shall preserve such
    confidentiality" for "The Secretaries shall prescribe such
    procedures as may be necessary to preserve such confidentiality".
      Subsec. (d). Pub. L. 99-198, Sec. 1735(2), substituted
    "Secretary" for "Secretaries" wherever appearing; inserted "and in
    consultation with the Secretary of Commerce and the Secretary of
    the Interior," after "the coordinating group" in first sentence;
    struck out "under section 2803(d) of this title" after "revisions
    made to the Plan", and substituted "Such" for "Each such",
    substituted "deems appropriate" for "deem appropriate" in second
    sentence; and substituted "The report required by this subsection
    shall be submitted to the Congress not later than February 1, 1988"
    for "The first report required under this subsection shall be
    submitted to Congress by September 30, 1981".
      1980 - Subsec. (a)(2). Pub. L. 96-561 made technical amendment to
    reference in original act which appears in text as reference to
    section 1852 of this title.
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-
    208 provided that the amendment made by that section is effective
    15 days after Oct. 11, 1996.
                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 238(b) of Pub. L. 96-561 provided that the amendment made
    by that section is effective 15 days after Dec. 22, 1980.
         COLLECTION OF FEES FOR TRIPLOID GRASS CARP CERTIFICATION
                                INSPECTIONS
      Pub. L. 104-40, Sec. 1, Nov. 1, 1995, 109 Stat. 350, provided:
      "(a) In General. - The Secretary of the Interior, acting through
    the Director of the Fish and Wildlife Service (referred to in this
    section as the 'Director'), may charge reasonable fees for expenses
    to the Federal Government for triploid grass carp certification
    inspections requested by a person who owns or operates an
    aquaculture facility.
      "(b) Availability. - All fees collected under subsection (a)
    shall be available to the Director until expended, without further
    appropriations.
      "(c) Use. - The Director shall use all fees collected under
    subsection (a) to carry out the activities referred to in
    subsection (a)."
-FOOTNOTE-
    (!1) So in original.
-End-
-CITE-
    16 USC Sec. 2805                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2805. Coordination of national activities regarding
      aquaculture
-STATUTE-
    (a) Establishment
      There is established within the Office of Science and Technology
    Policy an interagency aquaculture coordinating group that shall,
    subject to subsection (f) of this section, operate as a Joint
    Subcommittee on Aquaculture of the Federal Coordinating Council on
    Science, Engineering, and Technology (hereinafter in this section
    referred to as the "Federal Council") established by Executive
    Order 12039, dated February 24, 1978. The coordinating group shall
    be composed of the following members or their designees:
        (1) The Secretary of Agriculture, who shall be the permanent
      chairman of the coordinating group.
        (2) The Secretary of Commerce.
        (3) The Secretary of the Interior.
        (4) The Secretary of Energy.
        (5) The Secretary of Health and Human Services.
        (6) The Administrator of the Environmental Protection Agency.
        (7) The Chief of Engineers.
        (8) The Administrator of the Small Business Administration.
        (9) The Administrator of the Agency for International
      Development.
        (10) The Chairman of the Tennessee Valley Authority.
        (11) The Director of the National Science Foundation.
        (12) The Governor of the Farm Credit Administration.
        (13) The heads of such other Federal agencies as are deemed
      appropriate by the Director of the Office of Science and
      Technology Policy (hereinafter in this section referred to as the
      "Director"), after consultation with the coordinating group.
    (b) Purpose and functions
      The purpose of the coordinating group is to increase the overall
    effectiveness and productivity of Federal aquaculture research,
    transfer, and assistance programs. In fulfilling this purpose the
    coordinating group shall - 
        (1) review the national needs for aquaculture research,
      transfer, and assistance;
        (2) assess the effectiveness and adequacy of Federal efforts to
      meet those national needs;
        (3) undertake planning, coordination, and communication among
      Federal agencies engaged in the science, engineering, and
      technology of aquaculture;
        (4) collect, compile, and disseminate information on
      aquaculture;
        (5) encourage joint programs among Federal agencies in areas of
      mutual interest; and
        (6) recommend to the Federal Council specific actions on
      issues, problems, plans, and programs in aquaculture.
    (c) Reports
      The coordinating group shall regularly report to the Chairman of
    the Federal Council on the coordinating group's activities and on
    recommendations concerning Federal policies and programs related to
    aquaculture.
    (d) Federal consistency
      Each Federal department and agency that has functions or
    responsibilities with respect to aquaculture or has jurisdiction
    over any activity that affects, or that may affect, the achievement
    of the purpose and policy of this chapter, shall, in consultation
    with the coordinating group and to the maximum extent practicable,
    perform such function, responsibility, or activity in a manner that
    is consistent with the purpose and policy of this chapter.
    (e) Functions if Federal Council terminated
      If at any time after September 26, 1980, the functions of the
    Federal Council are by executive action terminated or transferred
    to an agency other than the Office of Science and Technology
    Policy, the coordinating group shall carry out its purpose under
    the direction of the Director. In that event, the recommendations
    of the coordinating group referred to in subsection (b)(6) of this
    section and the reports required under subsection (c) of this
    section shall be made to the Director.
-SOURCE-
    (Pub. L. 96-362, Sec. 6, Sept. 26, 1980, 94 Stat. 1203; Pub. L. 99-
    198, title XVII, Sec. 1736, Dec. 23, 1985, 99 Stat. 1643.)
-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order 12039, dated February 24, 1978, referred to in
    subsec. (a), is Ex. Ord. No. 12039, Feb. 24, 1978, 43 F.R. 8095,
    which is set out as a note under section 6601 of Title 42, The
    Public Health and Welfare.
-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (a)(1). Pub. L. 99-198, Sec. 1736(1), inserted ",
    who shall be the permanent chairman of the coordinating group".
      Subsecs. (c) to (f). Pub. L. 99-198, Sec. 1736(2)-(4), struck out
    subsec. (c) which provided that each of the Secretaries or their
    designees, on such rotating basis as determined by the Director,
    shall serve as the chairman of the coordinating group, with the
    term of office of the chairman set at two years, redesignated
    subsecs. (d) to (f) as (c) to (e), respectively, and in subsec.
    (e), as redesignated, substituted "subsection (c) of this section"
    for "subsection (d) of this section".
-End-
-CITE-
    16 USC Sec. 2806                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2806. Contracts and grants
-STATUTE-
    (a) In general
      The Secretaries may each carry out any action that such Secretary
    is responsible for implementing under the Plan through grants to,
    or contracts with, any person, any other Federal department or
    agency, any State agency, or any regional commission.
    (b) Terms and conditions
      Any contract entered into, or any grant made, under subsection
    (a) of this section shall contain such terms and conditions as the
    Secretary concerned shall by regulation prescribe as being
    necessary or appropriate to protect the interests of the United
    States. No contract may be entered into, and no grant may be made
    under subsection (a) of this section, for any purpose that is in
    violation of any applicable State or local law.
    (c) Limitation
      The amount of any grant made under subsection (a) of this section
    may not exceed an amount equal to one-half the estimated cost of
    the project for which the grant is made.
    (d) Audit
      Each recipient of a grant or contract under this section shall
    make available to the Secretary concerned and to the Comptroller
    General of the United States, for purposes of audit and
    examination, any book, document, paper, or record that is pertinent
    to the funds received under such grant or contract.
-SOURCE-
    (Pub. L. 96-362, Sec. 7, Sept. 26, 1980, 94 Stat. 1204.)
-End-
-CITE-
    16 USC Sec. 2807                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2807. Capital requirements for aquaculture
-STATUTE-
    (a) Capital requirements study
      The Secretaries, through the coordinating group, shall conduct
    within twelve months after September 26, 1980, a study of the
    capital requirements of the United States aquaculture industry. The
    study shall - 
        (1) document and analyze any capital constraints that affect
      the development of aquaculture in the United States; and
        (2) evaluate the role that appropriate Federal financial
      assistance does or could play in filling gaps in the normal
      credit market with respect to aquaculture.
    The study will identify the capital needs of the United States
    aquaculture industry, with emphasis on the needs that are not being
    filled either in normal credit channels or through government
    programs for direct loans, loan guarantees, disaster loans, and
    insurance. Upon it completion, the Secretaries shall submit the
    results of the study to Congress.
    (b) Capital requirements plan
      Based on the results of the Capital Requirements Study conducted
    under subsection (a) of this section, and within six months of the
    completion of the study, the Secretaries shall formulate a plan for
    acting on the study's findings. The plan shall include: (1) those
    Federal actions, if any, found to be necessary to meet financial
    needs unmet through normal credit channels and existing Federal
    programs; and (2) recommendations, if any, for legislative actions.
    Upon completion, the plan shall be submitted to Congress.
-SOURCE-
    (Pub. L. 96-362, Sec. 8, Sept. 26, 1980, 94 Stat. 1204.)
-End-
-CITE-
    16 USC Sec. 2808                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2808. Regulatory constraints on aquaculture
-STATUTE-
    (a) Regulatory constraints study
      The Secretaries, through the coordinating group, shall conduct,
    within twelve months after September 26, 1980, a study of the State
    and Federal regulatory restrictions to aquaculture development in
    the United States. The study shall - 
        (1) include a literature review and a descriptive list
      identifying the parameters of the issue;
        (2) identify and list relevant current and pending Federal
      regulations restricting the development of commercial aquaculture
      operations;
        (3) identify and list relevant current State regulations
      restricting the development of commercial aquaculture operations
      in five States selected randomly in five separate geographic
      regions of the United States;
        (4) conduct case studies of ten commercial aquaculture
      operations in the United States representing a wide range of
      marine and fresh water species to determine the practical effects
      of regulatory restrictions on aquaculture; and
        (5) develop a flow-chart time line using the information
      obtained by means of paragraphs (1) through (4) to identify those
      regulations and restrictions that could have the most detrimental
      effect in establishing commercial aquaculture operations in the
      United States.
    Upon completion of the study, the Secretaries shall submit its
    results to Congress.
    (b) Regulatory constraints plan
      Based on the results of the Regulatory Constraints Study
    conducted under subsection (a) of this section, and within six
    months of the study's completion, the Secretaries shall formulate a
    plan for acting on the study's findings. The plan will contain
    specific steps the Federal Government can take to remove
    unnecessarily burdensome regulatory barriers to the initiation and
    operation of commercial aquaculture ventures. Upon its completion,
    the Secretaries shall submit the plan to Congress.
-SOURCE-
    (Pub. L. 96-362, Sec. 9, Sept. 26, 1980, 94 Stat. 1205.)
-End-
-CITE-
    16 USC Sec. 2809                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2809. Authorizations for appropriations
-STATUTE-
      For purposes of carrying out the provisions of this chapter,
    there are authorized to be appropriated - 
        (1) to the Department of Agriculture, $1,000,000 for each of
      fiscal years 1991 through 2007;
        (2) to the Department of Commerce, $1,000,000 for each of
      fiscal years 1991 through 2007; and
        (3) to the Department of (!1) Interior, $1,000,000 for each of
      fiscal years 1991 through 2007.
    Funds authorized by this section shall be in addition to, and not
    in lieu of, funds authorized by any other Act.
-SOURCE-
    (Pub. L. 96-362, Sec. 10, Sept. 26, 1980, 94 Stat. 1205; Pub. L. 98-
    623, title IV, Sec. 402, Nov. 8, 1984, 98 Stat. 3407; Pub. L. 99-
    198, title XVII, Sec. 1737, Dec. 23, 1985, 99 Stat. 1643; Pub. L.
    101-624, title XVI, Sec. 1614(d), Nov. 28, 1990, 104 Stat. 3728;
    Pub. L. 105-185, title III, Sec. 301(i), June 23, 1998, 112 Stat.
    563; Pub. L. 107-171, title VII, Sec. 7139, May 13, 2002, 116 Stat.
    436.)
-MISC1-
                                AMENDMENTS                            
      2002 - Pars. (1) to (3). Pub. L. 107-171 substituted "2007" for
    "2002".
      1998 - Pars. (1) to (3). Pub. L. 105-185 substituted "fiscal
    years 1991 through 2002" for "the fiscal years 1991, 1992, and
    1993".
      1990 - Pars. (1) to (3). Pub. L. 101-624 amended pars. (1) to (3)
    generally. Prior to amendment, pars. (1) to (3) read as follows:
      "(1) to the Department of Agriculture, $2,000,000 for each of
    fiscal years 1984 and 1985, and $1,000,000 for each of fiscal years
    1986, 1987, and 1988;
      "(2) to the Department of Commerce, $2,000,000 for each of fiscal
    years 1984 and 1985, and $1,000,000 for each of fiscal years 1986,
    1987, and 1988; and
      "(3) to the Department of the Interior, $1,000,000 for each of
    fiscal years 1984 and 1985, and $1,000,000 for each of fiscal years
    1986, 1987, and 1988."
      1985 - Pars. (1) to (3). Pub. L. 99-198 inserted provisions
    authorizing appropriations of $1,000,000 for each of fiscal years
    1986, 1987, and 1988.
      1984 - Pars. (1), (2). Pub. L. 98-623 substituted provisions
    authorizing appropriations of $2,000,000 for each of fiscal years
    1984 and 1985 for provisions which had authorized appropriations of
    $7,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982,
    and $12,000,000 for fiscal year 1983.
      Par. (3). Pub. L. 98-623 substituted provisions authorizing
    appropriations of $1,000,000 for each of fiscal years 1984 and 1985
    for provisions which had authorized appropriations of $3,000,000
    for fiscal year 1981, $4,000,000 for fiscal year 1982, and
    $5,000,000 for fiscal year 1983.
-FOOTNOTE-
    (!1) So in original. Probably should be "of the".
-End-
-CITE-
    16 USC Sec. 2810                                            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
-HEAD-
    Sec. 2810. Disclaimer
-STATUTE-
      Nothing in this chapter shall be construed to amend, repeal, or
    otherwise modify the authority of any Federal officer, department,
    or agency to perform any function, responsibility, or activity
    authorized under any other provision of law.
-SOURCE-
    (Pub. L. 96-362, Sec. 11, Sept. 26, 1980, 94 Stat. 1206.)
-End-