SELECTED PROVISIONS OF THE ACT OF AUGUST 11, 1939 COMMONLY KNOWN AS THE "SALTONSTALL-KENNEDY 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 1 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 Corporation1 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 1The Federal Surplus Commodities Corporation and its functions were consolidated into the Surplus Marketing Administration by section 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] (i) the term "State" as used therein includes any State referred to in paragraph (3), (ii) citizens of the United States must own not less than 75 percent of the interest in the entity or, in the case of a nonprofit entity, exercise control in the entity that is determined by the Secretary to be the equivalent of such ownership, and (iii) nationals of the United States and citizens of the Northern Mariana Islands shall be treated as citizens of the United States in meeting the ownership and control requirements referred to in clause (ii). (2) The term "Secretary" means the Secretary of Com merce. (3) The term "State" means any State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands of the United States, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States. (4) The term "United States fishery" means any fishery, including any tuna fishery, that is, or may be, engaged in by citizens or nationals of the United States or citizens of the Northern Mariana Islands. (5) The term "citizen of the Northern Mariana Islands" means (A) an individual who qualifies as such under section 8 of the Schedule on Transitional Matters attached to the Constitution of the Northern Mariana Islands; or (B) a corporation, partnership, association, or other entity organized or existing under the laws of the Northern Mariana Islands, not less than 75 percent of the interest in which is owned by individuals referred to in subparagraph (A) or citizens or nationals of the United States, in cases in which "owned" is used in the same sense as in section 2 of the Shipping Act, 1916 (46 U.S.C. 802). (b) FUND. (1) The Secretary of Agriculture shall transfer to the Secretary each fiscal year, beginning with the fiscal year commencing July 1, 1954, and ending on June 30, 1957, from moneys made available to carry out the provisions of section 32 of such Act of August 24, 1935, an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws on fishery products (including fish, shellfish, mollusks, crustacea, aquatic plants and animals, and any products thereof, including processed and manufactured products), which shall be maintained in a separate fund only for (A) use by the Secretary (i) to provide financial assistance for the purpose of carrying out fisheries research and development projects approved under subsection (c), (ii) to implement the national fisheries research and development program provided for under subsection (d); (iii) to implement the Northwest Atlantic Ocean Fisheries Reinvestment Program established under section 314 of the Magnuson Fishery Conservation and Management Act 1; and (iv)2 to fund the Federal share of a fishing capacity reduction program established under section 312 of the Magnuson Fishery Conservation and Management Act 1; and (B) the provision of moneys, subject to paragraph (2), to carry out the purposes of the Fisheries Promotion Fund established under section 208(a) 3 of the Fish and Seafood Promotion Act of 1986. (2) There are transferred from the fund established under paragraph (1) to the Fisheries Promotion Fund referred to in paragraph (1)(B) $750,000 in fiscal year 1987, $3,000,000 in each of fiscal years 1988 and 1989, and $2,000,000 in each of fiscal years 1990 and 1991. (c) FISHERIES RESEARCH AND DEVELOPMENT PROJECTS.—(1) The Secretary shall make grants from the fund established under subsection (b) to assist persons in carrying out research and development projects addressed to any aspect of United States fisheries, including, but not limited to, harvesting, processing, marketing, and associated infrastructures. (2) The Secretary shall (A) at least once each fiscal year, receive, during a 60-day period specified by him, applications for grants under this subsection; (B) prescribe the form and manner in which applications for grants under this subsection must be made, including, but not limited to, the specification of the information which must accompany applications to ensure that the proposed projects comply with Federal law and can be evaluated in accordance with paragraph (3)(B); and (C) approve or disapprove each such application before the close of the 120th day after the last day of the 60-day period (specified under subparagraph (A)) in which the application was received. (3) No application for a grant under this subsection may be approved unless the Secretary (A) is satisfied that the applicant has the requisite technical and financial capability to carry out the project; and (B) evaluates the proposed project as to (i) soundness of design, (ii) the possibilities of securing productive results, (iii) minimization of duplication with other fisheries research and development projects, (iv) the organization and management of the project, (v) methods proposed for monitoring and evaluating the success or failure of the project, and 1 Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1997 (Division A, title II of P.L. 104-208; 110 Stat. 3009-41) changed (by amendment) the short title of such Act to the Magnuson-Stevens Fishery and Conservation and Management Act and provided that "all references to the Magnuson Fishery Conservation and Management Act shall be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act". Since such section did not actually amended each occurrence of the short title in law, the former short title appears here. 2 Indentation so in law. 3 So in original. Probably should be “209(a)”. |