16 U.S.C. § 2805 — Coordination of national activities regard-

Page 2221 TITLE 16—CONSERVATION § 2805 formation relating to aquaculture and support a trans- lation service; (D) conduct a continuing study to deter- mine whether existing capture fisheries could be ad- versely affected by competition from products produced by commercial aquacultural enterprises and include in such study (i) an assessment of any adverse effect, by species and by geographical region, on such fisheries, and (ii) recommended measures to ameliorate any such effect; and (E) report to Congress on the findings of the study conducted under subparagraph (D) in the biennial status report required under subsection (d) of this sec- tion. Subsec. (c)(2). Pub. L. 99–198, § 1735(1), amended par. (2) generally, substituting ‘‘The Secretaries shall pre- serve such confidentiality’’ for ‘‘The Secretaries shall prescribe such procedures as may be necessary to pre- serve such confidentiality’’. Subsec. (d). Pub. L. 99–198, § 1735(2), substituted ‘‘Sec- retary’’ for ‘‘Secretaries’’ wherever appearing; inserted ‘‘and in consultation with the Secretary of Commerce and the Secretary of the Interior,’’ after ‘‘the coordi- nating group’’ in first sentence; struck out ‘‘under sec- tion 2803(d) of this title’’ after ‘‘revisions made to the Plan’’, and substituted ‘‘Such’’ for ‘‘Each such’’, sub- stituted ‘‘deems appropriate’’ for ‘‘deem appropriate’’ in second sentence; and substituted ‘‘The report re- quired by this subsection shall be submitted to the Congress not later than February 1, 1988’’ for ‘‘The first report required under this subsection shall be sub- mitted to Congress by September 30, 1981’’. 1980—Subsec. (a)(2). Pub. L. 96–561 made technical amendment to reference in original act which appears in text as reference to section 1852 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. COLLECTION OF FEES FOR TRIPLOID GRASS CARP CERTIFICATION INSPECTIONS Pub. L. 104–40, § 1, Nov. 1, 1995, 109 Stat. 350, provided: ‘‘(a) IN GENERAL.—The Secretary of the Interior, act- ing through the Director of the Fish and Wildlife Serv- ice (referred to in this section as the ‘Director’), may charge reasonable fees for expenses to the Federal Gov- ernment for triploid grass carp certification inspec- tions requested by a person who owns or operates an aquaculture facility. ‘‘(b) AVAILABILITY.—All fees collected under sub- section (a) shall be available to the Director until ex- pended, without further appropriations. ‘‘(c) USE.—The Director shall use all fees collected under subsection (a) to carry out the activities referred to in subsection (a).’’ § 2805. Coordination of national activities regard- ing aquaculture (a) Establishment There is established within the Office of Science and Technology Policy an interagency aquaculture coordinating group that shall, sub- ject to subsection (f), operate as a Joint Sub- committee on Aquaculture of the Federal Co- ordinating Council on Science, Engineering, and Technology (hereinafter in this section referred to as the ‘‘Federal Council’’) established by Ex- ecutive Order 12039, dated February 24, 1978. The coordinating group shall be composed of the fol- lowing members or their designees: (1) The Secretary of Agriculture, who shall be the permanent chairman of the coordi- nating group. (2) The Secretary of Commerce. (3) The Secretary of the Interior. (4) The Secretary of Energy. (5) The Secretary of Health and Human Services. (6) The Administrator of the Environmental Protection Agency. (7) The Chief of Engineers. (8) The Administrator of the Small Business Administration. (9) The Administrator of the Agency for International Development. (10) The Chairman of the Tennessee Valley Authority. (11) The Director of the National Science Foundation. (12) The Governor of the Farm Credit Ad- ministration. (13) The heads of such other Federal agencies as are deemed appropriate by the Director of the Office of Science and Technology Policy (hereinafter in this section referred to as the ‘‘Director’’), after consultation with the co- ordinating group. (b) Purpose and functions The purpose of the coordinating group is to in- crease the overall effectiveness and productivity of Federal aquaculture research, transfer, and assistance programs. In fulfilling this purpose the coordinating group shall— (1) review the national needs for aquaculture research, transfer, and assistance; (2) assess the effectiveness and adequacy of Federal efforts to meet those national needs; (3) undertake planning, coordination, and communication among Federal agencies en- gaged in the science, engineering, and tech- nology of aquaculture; (4) collect, compile, and disseminate infor- mation on aquaculture; (5) encourage joint programs among Federal agencies in areas of mutual interest; and (6) recommend to the Federal Council spe- cific actions on issues, problems, plans, and programs in aquaculture. (c) Reports The coordinating group shall regularly report to the Chairman of the Federal Council on the coordinating group’s activities and on rec- ommendations concerning Federal policies and programs related to aquaculture. (d) Federal consistency Each Federal department and agency that has functions or responsibilities with respect to aquaculture or has jurisdiction over any activ- ity that affects, or that may affect, the achieve- ment of the purpose and policy of this chapter, shall, in consultation with the coordinating group and to the maximum extent practicable, perform such function, responsibility, or activ- ity in a manner that is consistent with the pur- pose and policy of this chapter. (e) Functions if Federal Council terminated If at any time after September 26, 1980, the functions of the Federal Council are by execu- Page 2222 TITLE 16—CONSERVATION § 2806 tive action terminated or transferred to an agency other than the Office of Science and Technology Policy, the coordinating group shall carry out its purpose under the direction of the Director. In that event, the recommendations of the coordinating group referred to in subsection (b)(6) and the reports required under subsection (c) shall be made to the Director. (Pub. L. 96–362, § 6, Sept. 26, 1980, 94 Stat. 1203; Pub. L. 99–198, title XVII, § 1736, Dec. 23, 1985, 99 Stat. 1643.) Editorial Notes REFERENCES IN TEXT Executive Order 12039, dated February 24, 1978, re- ferred to in subsec. (a), is Ex. Ord. No. 12039, Feb. 24, 1978, 43 F.R. 8095, which is set out as a note under sec- tion 6601 of Title 42, The Public Health and Welfare. AMENDMENTS 1985—Subsec. (a)(1). Pub. L. 99–198, § 1736(1), inserted ‘‘, who shall be the permanent chairman of the coordi- nating group’’. Subsecs. (c) to (f). Pub. L. 99–198, § 1736(2)–(4), struck out subsec. (c) which provided that each of the Secre- taries or their designees, on such rotating basis as de- termined by the Director, shall serve as the chairman of the coordinating group, with the term of office of the chairman set at two years, redesignated subsecs. (d) to (f) as (c) to (e), respectively, and in subsec. (e), as redes- ignated, substituted ‘‘subsection (c)’’ for ‘‘subsection (d)’’. § 2806. Contracts and grants (a) In general The Secretaries may each carry out any ac- tion that such Secretary is responsible for im- plementing under the Plan through grants to, or contracts with, any person, any other Federal department or agency, any State agency, or any regional commission. (b) Terms and conditions Any contract entered into, or any grant made, under subsection (a) shall contain such terms and conditions as the Secretary concerned shall by regulation prescribe as being necessary or ap- propriate to protect the interests of the United States. No contract may be entered into, and no grant may be made under subsection (a), for any purpose that is in violation of any applicable State or local law. (c) Limitation The amount of any grant made under sub- section (a) may not exceed an amount equal to one-half the estimated cost of the project for which the grant is made. (d) Audit Each recipient of a grant or contract under this section shall make available to the Sec- retary concerned and to the Comptroller Gen- eral of the United States, for purposes of audit and examination, any book, document, paper, or record that is pertinent to the funds received under such grant or contract. (Pub. L. 96–362, § 7, Sept. 26, 1980, 94 Stat. 1204.) § 2807. Capital requirements for aquaculture (a) Capital requirements study The Secretaries, through the coordinating group, shall conduct within twelve months after September 26, 1980, a study of the capital re- quirements of the United States aquaculture in- dustry. The study shall— (1) document and analyze any capital con- straints that affect the development of aqua- culture in the United States; and (2) evaluate the role that appropriate Fed- eral financial assistance does or could play in filling gaps in the normal credit market with respect to aquaculture. The study will identify the capital needs of the United States aquaculture industry, with em- phasis on the needs that are not being filled ei- ther in normal credit channels or through gov- ernment programs for direct loans, loan guaran- tees, disaster loans, and insurance. Upon its completion, the Secretaries shall submit the re- sults of the study to Congress. (b) Capital requirements plan Based on the results of the Capital Require- ments Study conducted under subsection (a), and within six months of the completion of the study, the Secretaries shall formulate a plan for acting on the study’s findings. The plan shall in- clude: (1) those Federal actions, if any, found to be necessary to meet financial needs unmet through normal credit channels and existing Federal programs; and (2) recommendations, if any, for legislative actions. Upon completion, the plan shall be submitted to Congress. (Pub. L. 96–362, § 8, Sept. 26, 1980, 94 Stat. 1204.) § 2808. Regulatory constraints on aquaculture (a) Regulatory constraints study The Secretaries, through the coordinating group, shall conduct, within twelve months after September 26, 1980, a study of the State and Federal regulatory restrictions to aqua- culture development in the United States. The study shall— (1) include a literature review and a descrip- tive list identifying the parameters of the issue; (2) identify and list relevant current and pending Federal regulations restricting the de- velopment of commercial aquaculture oper- ations; (3) identify and list relevant current State regulations restricting the development of commercial aquaculture operations in five States selected randomly in five separate geo- graphic regions of the United States; (4) conduct case studies of ten commercial aquaculture operations in the United States representing a wide range of marine and fresh water species to determine the practical ef- fects of regulatory restrictions on aqua- culture; and (5) develop a flow-chart time line using the information obtained by means of paragraphs (1) through (4) to identify those regulations and restrictions that could have the most det- rimental effect in establishing commercial aquaculture operations in the United States. Upon completion of the study, the Secretaries shall submit its results to Congress. (b) Regulatory constraints plan Based on the results of the Regulatory Con- straints Study conducted under subsection (a),