Page:United States Statutes at Large Volume 84 Part 1.djvu/366

This page needs to be proofread.

[84 STAT. 308]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 308]

308 74 Stat. 212. 46 USC 1403.

78 Stat. 614.

Ante, p. 307.

Transfer of vessels.

74 Stat. 214. "Citizen of the United States. " 41 Stat. 1008. 46 USC 803.

"Remodeling.'

Appropriation. 74 Stat. 214; 78 Stat. 614.

PUBLIC LAW 91-279-JUNE 12, 1970

[84 STAT.

vessel for whicli an application is received in such years and approved under section 3 of this Act for the remodeling of any vessel, a construction subsidy of not more than 35 per centum of the lowest responsible bid for the remodeling of such vessel as a fishing vessel in a shipyard of the United States, as determined and certified to the Secretary by the Maritime Administrator, excluding the costs, if any, of any feature incorporated in the vessel for national defense uses which costs shall be paid by the Department of Defense in addition tx) such subsidy. The amount of such subsidy for each such vessel shall be determined and certified to the Secretary by the Maritime Administrator based on the periodic survey conducted under subsection (a) of this section." SEC. 4. Section 7 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1407), is amended by inserting after the first sentence thereof a new sentence to read as follows: "Beginning on the date of enactment of this sentence, if the applicant disapproves the lowest responsible domestic bid certified by the Maritime Administrator for convenience or other reasons, the Secretary may permit the applicant to accept another responsible domestic bid and agree to pay a construction subsidy under subsection (b) cr (c) of section 5 of this Act which shall not exceed the amount the Secretary would have paid if the applicant had accepted the lowest responsible domestic bid." SEC. 5. Section 9 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1409), is amended by changing the first sentence thereof to read as follows: "The Secretary, in the exercise of his discretion, after notice and a public hearing, may approve the transfer of any vessel constructed with the aid of a subsidy to another fishery when, as determined by the Secretary, the operations of such vessel are shown to be uneconomical or less economical either because of an actual decline of the resource in the particular fishery or fisheries in which such vessel operates, or because of changed market conditions or a combination of these factors, and where he determines that such transfer would not cause economic hardship to operators of efficient vessels already operating in the fishery to which the vessel would be transferred, or where he determines that such transfer would enable such vessel to operate in a newly developed fishery not yet utilized to its capacity by operators of efficient vessels." SEC. 6. (a) Paragraph (3) of section 11 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1411(3)), is amended to read as follows: "(3) 'citizen of the United States' includes a corporation, partnership, or association if it is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916 (39 Stat. 729), as amended (46 U.S.C. 802), and the amount of interest required to be owned by a citizen of the United States shall be at least 75 per centum,", (b) Section 11 of such Act is further amended by striking out "and" at the end of paragraph (4); by redesignating paragraph (5) as paragraph (6); and by inserting immediately after paragraph (4) the following new paragraph: "(5) 'remodeling' includes the construction through the conversion or reconditioning of any vessel to a fishing vessel and through the rebuilding of any existing fishing vessel, and". SEC. 7. Section 12 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1412), is amended to read as follows: "SEC. 12. There is authorized to be appropriated for the fiscal years 1970, 1971, and 1972, $20,000,000 per fiscal year to carry out this Act. Such sums are authorized without fiscal year limitation."