tural activities being conducted in the United States for the purpose of acquiring information on acreages, water use, production, culture techniques, and other relevant matters. (C) arrange with foreign nations for the exchange of information relating to aquaculture and support a translation service; (D) conduct a continuing study to determine whether existing capture fisheries could be adversely 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). (2) Any production information submitted to the Secretaries under paragraph (1)(B) shall be confidential and may only be disclosed if required under court order. The Secretaries shall prescribe such procedures as may be necessary to preserve such confidentiality. The Secretaries may release or make public any information in any aggregate or summary form that does not directly or indirectly disclose the identity, business transactions, or trade secrets of any person who submits such information. (d) BIENNIAL REPORT.-The Secretaries, through the coordinating group, shall prepare on a biennial basis, and submit to Congress, a report on the status of aquaculture in the United States. Each such report shall contain a description and evaluation of the actions undertaken with respect to the Plan during the reporting period, an explanation of any revisions made to the Plan under section 4(d) during the reporting period, and such other comments and recommendations as the Secretaries deem appropriate. The first report required under this subsection shall be submitted to Congress by September 30, 1981. COORDINATION OF NATIONAL ACTIVITIES REGARDING AQUACULTURE SEC. 6. (a) ESTABLISHMENT.-There is established within the Office of Science and Technology Policy an interagency aquaculture coordinating group that shall, subject to subsection (f), operate as a Joint Subcommittee on Aquaculture of the Federal Coordinating Council on Science, Engineering, and Technology (hereinafter in this section referred to as the "Federal Council") established by Executive Order 12039, dated February 24, 1978. The coordinating group shall be composed of the following members or their designees: (1) The Secretary of Agriculture. (5) The Secretary of Health and Human Services. (6) The Administrator of the Environmental Protection Agency. 16 U.S.C. 2805, (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 Administration. (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 coordinating group. (b) PURPOSE AND FUNCTIONS. The purpose of the coordinating group is to increase 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 engaged in the science, engineering, and technology of aquaculture; (4) collect, compile, and disseminate information on aquaculture; (5) encourage joint programs among Federal agencies in areas of mutual interest; and (6) recommend to the Federal Council specific actions on issues, problems, plans, and programs in aquaculture. (c) CHAIRMAN.-Each of the Secretaries or their designees, on such rotating basis as shall be determined by the Director, shall serve as the chairman of the coordinating group. The term of office of the chairman is two years. (d) REPORTS.-The coordinating group shall regularly report to the chairman of the Federal Council on the coordinating group's activities and on recommendations concerning Federal policies and programs related to aquaculture. (e) FEDERAL CONSISTENCY.-Each Federal department and agency that has functions or responsibilities with respect to aquaculture or has jurisdiction over any activity that affects, or that may affect, the achievement of the purpose and policy of this Act, shall, in consultation with the coordinating group and to the maximum extent practicable, perform such function, responsibility, or activity in a manner that is consistent with the purpose and policy of this Act. (f) FUNCTIONS IF FEDERAL COUNCIL TERMINATED.-If at any time after the date of the enactment of this Act, the functions of the Federal Council are by executive 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 (d) shall be made to the Director. CONTRACTS AND GRANTS SEC. 7.5 (a) IN GENERAL.-The Secretaries may each carry out any action that such Secretary is responsible for implementing 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 appropriate 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 subsection (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 Secretary concerned and to the Comptroller General 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. CAPITAL REQUIREMENTS FOR AQUACULTURE SEC. 8. (a) CAPITAL REQUIREMENTS STUDY.-The Secretaries, through the coordinating group, shall conduct within twelve months after the date of enactment of this Act, a study of the capital requirements of the United States aquaculture industry. The study shall (1) document and analyze any capital constraints that affect the development of aquaculture in the United States; and (2) evaluate the role that appropriate Federal 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 emphasis on the needs that are not being filled either in normal credit channels or through government programs for direct loans, loan guarantees, disaster loans, and insurance. Upon its completion, the Secretaries shall submit the results of the study to Congress. (b) CAPITAL REQUIREMENTS PLAN.-Based on the results of the Capital Requirements 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 include: (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. 5 16 U.S.C. 2806. 16 U.S.C. 2807. REGULATORY CONSTRAINTS ON AQUACULTURE SEC. 9. (a) REGULATORY CONSTRAINTS STUDY.-The Secretaries, through the coordinating group, shall conduct, within twelve months after the date of enactment of this Act, a study of the State and Federal regulatory restrictions to aquaculture development in the United States. The study shall (1) include a literature review and a descriptive list identifying the parameters of the issue; (2) identify and list relevant current and pending Federal regulations restricting the development of commercial aquaculture operations; (3) identify and list relevant current State regulations restricting the development of commercial aquaculture operations in five States selected randomly in five separate geographic 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 effects of regulatory restrictions on aquaculture; 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 detrimental 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 Constraints Study conducted under subsection (a), and within six months of the study's completion, the Secretaries shall formulate a plan for acting on the study's findings. The plan will contain specific steps the Federal Government can take to remove unnecessarily burdensome regulatory barriers to the initiation and operation of commercial aquaculture ventures. Upon its completion, the Secretaries shall submit the plan to Congress. AUTHORIZATIONS FOR APPROPRIATIONS SEC. 10. For purposes of carrying out the provisions of this Act, there are authorized to be appropriated— (1) to the Department of Agriculture (A) $7,000,000 for fiscal year 1981, (2) to the Department of Commerce (A) $7,000,000 for fiscal year 1981, 716 U.S.C. 2808. 16 U.S.C. 2809. (3) to the Department of the Interior- Funds authorized by this section shall be in addition to, and not in lieu of, funds authorized by any other Act. DISCLAIMER SEC. 11. Nothing in this Act shall be construed to amend, repeal, or otherwise modify the authority of any Federal officer, department, or agency to perform any function, responsibility, or activity authorized under any other provision of law. 16 U.S.C. 2810. |