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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4854 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4854

     To amend the National Aquaculture Act of 1980 to promote the 
 development of the aquaculture industry in the United States, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 1994

    Mr. Studds (for himself and Mr. Young of Alaska) introduced the 
    following bill; which was referred jointly to the Committees on 
             Merchant Marine and Fisheries and Agriculture

_______________________________________________________________________

                                 A BILL

 
     To amend the National Aquaculture Act of 1980 to promote the 
 development of the aquaculture industry 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``National 
Aquaculture Development Act of 1994''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Definitions.
Sec. 3. National aquaculture development plan.
Sec. 4. National aquaculture information center.
Sec. 5. Coordination with the aquaculture industry.
Sec. 6. National strategy for private aquaculture.
Sec. 7. Study, compendium, and recommendations regarding regulations 
                            and permit requirements.
Sec. 8. Disaster assistance for aquaculture producers.
Sec. 9. Aquaculture education.
Sec. 10. Eligibility of aquaculture farmers for farm credit assistance.
Sec. 11. International aquaculture information and data collection.
Sec. 12. Aquaculture information network report.
Sec. 13. Authorization of appropriations.
Sec. 14. Stylistic consistency.
    (c) References to National Aquaculture Act of 1980.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the National Aquaculture Act of 
1980 (16 U.S.C. 2801 et seq.).

SEC. 2. DEFINITIONS.

    Section 3 (16 U.S.C. 2802) is amended--
            (1) in paragraph (1), by striking ``the propagation'' and 
        all that follows through the period at the end and inserting 
        ``the controlled cultivation of aquatic plants and animals, 
        except private ranching of Pacific salmon for profit in States 
        where such ranching is prohibited by law.'';
            (2) by redesignating paragraphs (7) through (9) as 
        paragraphs (8) through (10), respectively; and
            (3) by inserting before paragraph (8) (as redesignated by 
        paragraph (2) of this section) the following new paragraph:
            ``(7) The term `private aquaculture' means aquaculture 
        conducted by a person that is not a Federal, State, or local 
        government agency.''.

SEC. 3. NATIONAL AQUACULTURE DEVELOPMENT PLAN.

    (a) Authorities of Federal Departments and Agencies.--Section 4 (16 
U.S.C. 2803) is amended--
            (1) in subsection (b) in the matter preceding paragraph (1) 
        by striking ``plan'' and inserting ``Plan'';
            (2) in subsection (b) by redesignating paragraphs (1) 
        through (6) as paragraphs (2) through (7), respectively; and
            (3) by inserting before paragraph (2) (as redesignated by 
        paragraph (2) of this subsection) the following:
            ``(1) clearly outline and define the authorities of the 
        Departments of Agriculture, Interior, and Commerce and other 
        relevant Federal agencies, with respect to the development, 
        promotion, and regulation (including environmental regulation) 
        of all aquaculture in the United States;''.
    (b) Revision of the Plan.--Section 4(d) (16 U.S.C. 2803(d)) is 
amended--
            (1) by redesignating paragraphs (1), (2), and (3) in order 
        as subparagraphs (A), (B), and (C);
            (2) by inserting ``(1)'' before ``The Secretaries''; and
            (3) by adding at the end the following:
    ``(2) Within 2 years after the date of enactment of the National 
Aquaculture Development Act of 1994, the Secretaries shall update the 
Plan, incorporating in the Plan the strategies developed under section 
7(b) and giving particular attention to the requirements of subsection 
(b)(1) of this section.''.
    (c) Accomplishments in Aquaculture Programs.--Not later than 1 year 
after the date of enactment of this Act, the coordinating group 
established under section 6(a) of the National Aquaculture Development 
Act of 1980 (16 U.S.C. 2805(a)) shall submit to the Congress a report 
evaluating the actions taken in accordance with subsection (d) with 
respect to the National Aquaculture Development Plan established under 
section 4(a) of that Act (16 U.S.C. 2803(a)), and making 
recommendations for updating and modifying the Plan.

SEC. 4. NATIONAL AQUACULTURE INFORMATION CENTER.

    Section 5 (16 U.S.C. 2804) is amended--
            (1) in subsection (c)(1)(A) by inserting ``environmental 
        impacts,'' after ``culture techniques,'';
            (2) in subsection (c)(1)(B)--
                    (A) by striking ``Secretary shall--'' and inserting 
                ``Secretary--'';
                    (B) by striking clause (i) and inserting the 
                following:
                    ``(i) may establish, within the Department, within 
                the National Agricultural Library, a National 
                Aquaculture Information Center that shall--
                            ``(I) serve as a repository and 
                        clearinghouse for the information collected 
                        under subparagraph (A) and other provisions of 
                        this Act;
                            ``(II) carry out a program to notify 
                        organizations, institutions, and individuals 
                        known to be involved in aquaculture of the 
                        existence of the Center and the kinds of 
                        information that the Center can make available 
                        to the public; and
                            ``(III) make available, on request, 
                        information described in subclause (I) 
                        (including information collected under 
                        subsection (e));'';
                    (C) in clause (ii)--
                            (i) by inserting ``shall'' before 
                        ``arrange''; and
                            (ii) by striking the comma and inserting a 
                        semicolon; and
                    (D) in clause (iii), by inserting ``shall'' before 
                ``conduct''; and
            (3) in the first sentence of subsection (d), by striking 
        ``Interior,,'' and inserting ``Interior,''.

SEC. 5. COORDINATION WITH THE AQUACULTURE INDUSTRY.

    Section 6(b) (16 U.S.C. 2805(b)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) establish a working relationship with national 
        organizations, commodity associations, and professional 
        societies representing aquaculture interests, in order to 
        facilitate improved communication and interaction among 
        aquaculture producers, the aquaculture community, the Federal 
        Government, and the coordinating group.''.

SEC. 6. NATIONAL STRATEGY FOR PRIVATE AQUACULTURE.

    The Act (16 U.S.C. 2801 et seq.) is amended--
            (1) by redesignating sections 7 through 11 as sections 9 
        through 13, respectively; and
            (2) by inserting after section 6 the following new section:

``SEC. 7. NATIONAL STRATEGY FOR PRIVATE AQUACULTURE.

    ``(a) In General.--The Secretaries, in coordination with other 
agencies, as appropriate, shall develop and implement a national 
strategy for private aquaculture in accordance with this section. The 
national strategy shall incorporate the department strategies developed 
under subsection (b).
    ``(b) Department Aquaculture Strategies.--
            ``(1) In general.--The Secretaries shall each develop and 
        implement an Aquaculture Strategy for their respective 
        department to support the development of private aquaculture in 
        the United States.
            ``(2) Elements of strategies.--The strategy under paragraph 
        (1) for each department shall--
                    ``(A) incorporate individual department programs 
                and regulations related to aquaculture, including--
                            ``(i) in the case of the Department of 
                        Agriculture, programs and regulations related 
                        to livestock, crops, products, and commodities;
                            ``(ii) in the case of the Department of the 
                        Interior, programs and regulations related to 
                        fish health, nonindigenous species, fisheries 
                        management, hatcheries, fisheries enhancement, 
                        and environmental protection; and
                            ``(iii) in the case of the Department of 
                        Commerce, programs and regulations related to 
                        fisheries research and management, fisheries 
                        enhancement, technology transfer, environmental 
                        protection, and seafood safety and quality; and
                    ``(B) include means for effective coordination and 
                implementation of aquaculture activities within and 
                among the agencies of the departments and between the 
                departments.
            ``(3) Implementation.--Within one year after the date of 
        enactment of the National Aquaculture Development Act of 1994, 
        the Secretaries shall submit the strategies required by this 
        subsection to the Congress and to the coordinating group.
    ``(c) Private Aquaculture Strategy Coordination.--
            ``(1) Responsibility.--The coordinating group shall 
        coordinate strategies, policies, and programs for private 
        aquaculture, including--
                            ``(A) the coordination of interagency 
                        functions and activities relating to private 
                        aquaculture; and
                            ``(B) the establishment of procedures for 
                        the coordination of functions, and 
                        consultation, with the coordinating group.
            ``(2) Resolution of interagency conflict.--The coordinating 
        group shall endeavor to resolve any interagency conflict in the 
        development, coordination, or implementation of the national 
        strategy developed under subsection (a).
    ``(d) Treatment of Aquaculture by Department of Agriculture.--
            ``(1) In general.--The Secretary shall, for purposes of all 
        programs of the Department of Agriculture, treat private 
        aquaculture as a form of agriculture.
            ``(2) Affect on other agencies.--Paragraph (1) shall not be 
        construed to amend, repeal, or otherwise modify the authority 
        of any other Federal agency to perform any function, 
        responsibility, or activity authorized under any other 
        provision of law.''.

SEC. 7. STUDY, COMPENDIUM, AND RECOMMENDATIONS REGARDING REGULATIONS 
              AND PERMIT REQUIREMENTS.

    Section 11 (as redesignated by section 6(1) of this Act) is amended 
to read as follows:

``SEC. 11. STUDY, COMPENDIUM, AND RECOMMENDATIONS REGARDING REGULATIONS 
              AND PERMIT REQUIREMENTS.

    ``(a) Study.--Within one year after the date of enactment of the 
National Aquaculture Development Act of 1994, the Secretaries, through 
the coordinating group and incorporating any previous work that has 
been done by the coordinating group and others, shall conduct a study 
of Federal and State regulations and permits applicable to the United 
States aquaculture industry. The study shall--
            ``(1) include a compilation of all Federal and State 
        regulations and permit requirements applicable to marine and 
        fresh water aquaculture operations;
            ``(2) include a specific compilation of all Federal and 
        State regulations affecting the interstate transport of 
        aquaculture products; and
            ``(3) identify any duplicative or conflicting regulations.
    ``(b) Compendium.--
            ``(1) In general.--Upon completion of the study under 
        subsection (a), the coordinating group shall publish a 
        compendium of all Federal and State regulations and permit 
        requirements applicable to marine and fresh water aquaculture 
        operations in the United States. The compendium shall 
        specifically identify, but shall not be limited to, those 
        Federal and State regulations affecting interstate movement of 
        aquaculture products.
            ``(2) Format.--The compendium under paragraph (1) shall be 
        published in a format that can be made easily available to the 
        aquaculture industry.
            ``(3) Update.--The coordinating group shall periodically 
        update the compendium as necessary.
    ``(c) Framework for Regulation and Permitting.--Based upon the 
results of the study required by subsection (a), the coordinating group 
shall develop and recommend to the Secretaries and the Congress a 
coordinated regulatory and permitting framework for aquaculture 
operations that would result in more coordinated and consistent 
regulations among States, between States and the Federal Government, 
and among Federal agencies. In developing the framework, the 
coordinating group shall--
            ``(1) consider States that have already developed 
        coordinated regulatory and permitting processes;
            ``(2) ensure that the framework would not compromise or 
        diminish the environmental protections and fishery management 
        programs provided by existing Federal and State laws, 
        regulations, and permits that apply to aquaculture; and
            ``(3) identify changes that could be made in current State 
        and Federal regulations to achieve such consistency and 
        coordination.''.

SEC. 8. DISASTER ASSISTANCE FOR AQUACULTURE PRODUCERS.

    (a) In General.--Section 2244 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) is amended--
            ``(1) in subsection (a)(1)(A)(ii), by inserting ``, if 
        applicable,'' after ``subsection (d)(2) for such crop''; and
            (2) in subsection (d)(1), by inserting ``and aquatic 
        species,'' after ``was not available for crop year 1990,''.
    (b) Limitation.--The amendments made by subsection (a) shall apply 
only to the extent appropriations are made available after the date of 
enactment of this Act to carry out the amendments.

SEC. 9. AQUACULTURE EDUCATION.

    The Act (16 U.S.C. 2801 et seq.) is further amended by inserting 
after section 7 (as added by section 6 of this Act) the following new 
section:

``SEC. 8. AQUACULTURE EDUCATION.

    ``(a) Authorization of Program.--The Secretary, in coordination 
with the Secretary of Commerce and the Secretary of the Interior, may 
establish a program to expand and improve aquaculture instruction and 
curriculum in secondary schools and postsecondary vocational 
institutions.
    ``(b) Grants and Curriculum.--In carrying out subsection (a), the 
Secretary may, subject to the availability of appropriations--
            ``(1) make grants to--
                    ``(A) establish and maintain aquaculture learning 
                centers in secondary schools and postsecondary 
                vocational institutions;
                    ``(B) promote aquaculture technology transfer; and
                    ``(C) educate consumers and the public concerning 
                the benefits of aquaculture; and
            ``(2) develop curriculum and supporting materials on 
        aquaculture farming, field test the content of the curriculum, 
        and supply training to educators at secondary schools and 
        postsecondary vocational institutions on the aquaculture 
        curriculum and materials developed.
    ``(c) Priority for Grants.--In awarding grants under subsection 
(b)(1), the Secretary shall give priority to grants for--
            ``(1) proposed aquaculture learning centers that can gain 
        access to--
                    ``(A) a commercial aquaculture farm;
                    ``(B) a regional aquaculture center established by 
                the Secretary under section 1475(d) of the National 
                Agricultural Research, Extension, and Teaching Policy 
                of 1977 (7 U.S.C. 3322(d));
                    ``(C) an aquaculture research or demonstration 
                facility; or
                    ``(D) a similar venture that wood afford students 
                the opportunity to experience aquaculture research and 
                development or commercialization;
            ``(2) such centers that can achieve outreach to minority 
        audiences or students in inner-city schools;
            ``(3) such centers that can foster awareness of aquaculture 
        among consumers and the general public;
            ``(4) such centers that can serve as an aquaculture 
        education facility for visiting students participating in a 
        field trip or a similar educational experience for inservice 
        training; and
            ``(5) such centers that can obtain assistance from non-
        Federal sources.
    ``(d) Limitation.--A person may not receive a grant under this 
section for any particular project for more than 5 fiscal years.
    ``(e) Definitions.--As used in this section:
            ``(1) Postsecondary vocational institution.--The term 
        `postsecondary vocational institution' has the same meaning 
        given the term by section 481(c) of the Higher Education Act of 
        1965 (20 U.S.C. 1088(c)), except that the term only includes an 
        institution that awards an associate degree but does not award 
        a bachelor's degree.
            ``(2) Secondary school.--The term `secondary school' has 
        the same meaning given the term by section 1471(21) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        2891(21)).''.

SEC. 10. ELIGIBILITY OF AQUACULTURE FARMERS FOR FARM CREDIT ASSISTANCE.

    (a) In General.--Section 343 of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1991) is amended by striking ``fish farming'' 
each place it appears in paragraphs (1) and (2) and inserting 
``aquaculture (as the term is defined in section 3(1) of the National 
Aquaculture Act of 1980 (16 U.S.C. 2802(1)))''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
become effective on October 1, 1994.

SEC. 11. INTERNATIONAL AQUACULTURE INFORMATION AND DATA COLLECTION.

    Section 502 of the Agricultural Trade Act of 1978 (7 U.S.C. 5692) 
is amended by adding at the end the following:
    ``(d) International Aquaculture Information and Data Collection.--
            ``(1) In general.--The Secretary may establish and carry 
        out a program of data collection, data analysis, and 
        dissemination of information to provide continuing and timely 
        economic and environmental information concerning international 
        aquaculture production.
            ``(2) Consultation.--In carrying out paragraph (1), the 
        Secretary shall consult with the coordinating group established 
        under section 6(a) of the National Aquaculture Act of 1980 (16 
        U.S.C. 2805(a)), and representatives of the United States 
        aquaculture industry, concerning means of effectively providing 
        date described in paragraph (1) to the coordinating group and 
        the aquaculture industry.''.

SEC. 12. AQUACULTURE INFORMATION NETWORK REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Agriculture shall report to the Congress on the 
feasibility of expanding current information systems at regional 
aquaculture centers established under section 1475(d) of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3322(d)), universities, research institutions, and the National 
Agricultural Library, to permit an on-line link between those entities 
for the sharing of data, publications, and technical assistance 
information involving aquaculture.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    Section 12 (as redesignated by section 6(1) of this Act) is amended 
to read as follows:

``SEC. 12. AUTHORIZATIONS OF APPROPRIATIONS.

    ``For purposes of carrying out the provisions of this Act, there 
are authorized to be appropriated--
            ``(1) to the Department of Agriculture, $1,000,000 for each 
        of the fiscal years 1994, 1995, and 1996;
            ``(2) to the Department of Commerce, $1,000,000 for each of 
        the fiscal years 1994, 1995, and 1996;
            ``(3) to the Department of the Interior, $1,000,000 for 
        each of the fiscal years 1994, 1995, and 1996; and
            ``(4) to the coordinating group for conducting the study 
        required by section 11(a) and for other functions $1,000,000 
        for each of the fiscal years 1994, 1995, and 1996.
Funds authorized by this section shall be in addition to, and not in 
lieu of, funds authorized by any other Act.''.

SEC. 14. STYLISTIC CONSISTENCY.

    The National Aquaculture Act of 1980 (16 U.S.C. 2801 et seq.) is 
amended so that the section designation and section heading of each 
section of the Act is in the form and typeface of the section 
designation and heading of this section.
                                 <all>
HR 4854 IH----2
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