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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 cooperating States or other non-Federal interests.

SEC. 3. (16 U.S.C. 757c) 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.

SEC. 4. (16 U.S.C. 757d] (a)(1) There are authorized to be appropriated to carry out the purposes of this Act not to exceed the following sums:

(A) $4,000,000 for fiscal year 1997; and

(B) $4,250,000 for each of fiscal years 1998, 1999, and 2000.

(2) Sums appropriated under this subsection are authorized to remain available until expended.

(b) Not more than $625,000 of the funds appropriated under this section in any one fiscal year shall be obligated in any one State.

SEC. 5. (16 U.S.C. 757e 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. (16 U.S.C. 757f) 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. Repealed by section 3(a) of the Atlantic Striped Bass Conservation Act Amendments of 1997; P.L. 105–146 (111 Stat. 26771

SEC. 8. (16 U.S.C. 757a note) This Act may be cited as the "Anadromous Fish Conservation Act."





(Chap. 696, Approved Aug. 11, 1939, 53 Stat. 1411)
(Amended through Public Law 104–297, Oct. 11, 1996)

AN ACT To authorize the Federal Surplus Commodities Corporation to purchase

and distribute surplus products of the fishing industry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [15 U.S.C.713c2] That any part of the funds not to exceed $1,500,000 per year, transferred by the Secretary of Agriculture to the Federal Surplus Commodities Corporation created under and to carry out the provisions of section 32 of the Act of August 24, 1935 (49 Stat. 774), as amended, may also be used by such Corporation for the purpose of diverting surplus fishery products (including fish, shellfish, mollusks, and crustacea) from the normal channels of trade and commerce by acquiring them and providing for their distribution through Federal, State, and private relief channels: Provided, That none of the funds made available to the Federal Surplus Commodities Corporation under this Act shall be used to purchase any of the commodities designated in this Act which may have been produced in any foreign country. The provisions of law relating to the acquisition of materials or supplies for the United States shall not apply to the acquisition of commodities under this Act.

SEC. 2. (15 U.S.C. 713c-3] (a) DEFINITIONS.—As used in this section

(1) The term “person" means

(A) any individual who is a citizen or national of the United States or a citizen of the Northern Mariana Islands;

(B) any fishery development foundation or other private nonprofit corporation in Alaska; and

(C) any corporation, partnership, association, or other entity (including, but not limited to, any fishery development foundation or other private nonprofit corporation not located in Alaska), nonprofit or otherwise, if such entity is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916 (46 U.S.C. 802) and for purposes of applying such section 2 with respect to this section

1 The Federal Surplus Commodities Corporation and its functions were consolidated into the Surplus Marketing Administration by section 5 of Reorganization Plan No. III of 1940. The functions of the Surplus Marketing Administration were transferred to the Secretary of Agriculture by section 501 of Reorganization Plan No. 3 of 1946. (15 U.S.C. 712a note]

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