An Act to promote State commercial fishery research and development projects, and for other purposes
PL 88-309 (S.627), enacted 05/20/1964

78 STAT. ] 
PUBLIC LAW 88-309-MAY 20, 1964 
197 
Public Law 88-309 
AN ACT 
May 20, 1964 
'J'o promote State coniiiiercial fishery research and development projects, and for 
^^' ^^^^ 
other purposes. 
Be if enacted hy the Senate and House of Representatives 
of the 
United States of Ajnerica in Congress assembled^ That this Act may Fi^h"^i"^'^*R^!-
be cited as the "'Commercial Fisheries Research and Development Act and Development"" 
of 1964"'. 
Act of 1964. 
SEC. 2. As used in this Act, the term— 
""Commercial fisheries" means any organization, individual, or group 
definitions. 
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 
Act. 
"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 
Act. 
"Raw fish" means aquatic plants and animals. 
"State" means the several States of the Ignited States, the Com-
monwealth of Puerto Rico, American Samoa, the Virgin Islands, and 
Guam. 
"State agency'' means any department, agency, commission, or offi-
cial of a State authorized under its laws to regulate commercial 
fisheries. 
SEC. 8. (a) The purpose of this Act is to authorize the Secretary 
Pun^ose. 
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. Fed-
eral funds made available under this Act 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 devel-
opment in the absence of these Federal funds. 
(b) (1) Nothing in this Act 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. 
SEC. 4. (a) There is authorized to be appropriated to the Secretary of aJ^h<?rTJLtion°" 
the Interior for the next fiscal year beginning after the date of 
enactment of this Act, and for the four succeeding fiscal years, 
$5,000,000 in each year for apportionment to the States to carry out 
the purposes of this Act. 
(b) In addition to the amounts authorized in subsection (a) of this 
section there is authorized to be appropriated for the next fiscal year 
beginning after the date of enactment of this Act, and for the suc-
ceeding fiscal year, $400,000 in each such year, and for the next three 
succeeding fiscal years, $660,000 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 Act: 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 
198 
PUBLIC LAW 88-309-MAY 20, 1964 
[78 STAT. 
Restriction. 
Apportionment 
of funds. 
Formula. 
Submission of 
plans for projects. 
Approval. 
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 sub-
section 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 succeed-
ing 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 com-
mercial fishermen and received within the State (regardless w^here 
caught) for the three most recent calendar years for w^hich data sat-
isfactory to the Secretary are available plus the average of the value 
to the manufacturer of manufactured and processed fishery merchan-
<lise 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 w^here 
caught) and fishery merchandise manufactured and processed within 
the States for the three most recent calendar years for which data sat-
isfactory 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 
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 stand-
ards to be established by him, he shall notify the State agency. No 
part of any moneys appropriated pursuant to this Act may be obli-
gated with respect to any project until the plans, specifications, and 
estimates have oeen submitted to and approved by the Secretary. Tlie 
expenditure of funds authorized by this Act shall be applied onlv to 
approved projects, and if otherwise applied they shall be replaced by 
the State oefore it may participate m any further assistance under 
this Act. 
(b) If the Secretary approves the plans, specifications, and estimates 
for the project, he shall promptly notify the State agency and imme-
diately 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 
per centum of the total estimated cost of the project. 
78 STAT. ] 
PUBLIC LAW 88-309-MAY 20,1964 
199 
(c) When the Secretary determines that a project approved by him ^^^^^^^y' *° ^'°^^' 
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. 
SEC. 7. (a) All work, including the furnishing of labor and materials, 
^°'"'^ conditions. 
needed to complete any project approved by the Secretary shall be per-
formed in accordance with applicable Federal and State laws under 
the direct supervision of the State agency, and in accordance with reg-
ulations as the Secretary may prescribe. Title to all property, real and 
I)ersonal, 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- 
^^^ '•^*^^" 
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), ^9 stat. ion. 
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 Secretarj^ of Labor shall have with respect to the labor 
J^ ^^^ ^^'^^ 
standards specified in this section the authority and functions set forth note. 
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 
^^ stat. i267. 
U.S.C. 276c). 
63 stat. 108. 
(c) If a State disposes of any real or personal property acquired 
Property dis-
under this Act, the State shall pay into the Treasury of the United ^°^^^' 
States the amount of any proceeds resulting from the property dis-
posal 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 sec-
tion exceed the amount of funds provided by this Act for the 
acquisition of the property involved. 
SEC. 8. The Secretary is authorized to make such rules and regula- 
Rules and reg-
tions as he determines necessary to carry out the purposes of this Act. "^^*i°"s-
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 chartl'r^^.''^^^^^^' 
and pursuant to regulations prescribed by him to use the funds appro- 
Loans to Alaskan 
priated under this section to make loans to commercial fishermen for earthquake victims. 
the purpose of chartering fishing vessels pending the construction or 
repair of vessels lost, destroyed, or damaged by the earthquake of 
March 27,1964, and subsequent tidal waves related thereto: Provided^ 
That any loans made under this subsection shall only be repaid from 
the net profits of the operations of such chartered vessels, which profits 
shall be reduced by such reasonable amount as determined by the Sec-
retary 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. 
31-667 0-65—16