§4107. Authorization of appropriations

(a) General appropriations

There are authorized to be appropriated to the Department of Commerce for apportionment to carry out the purposes of this chapter $5,000,000 for each of the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995.

(b) Additional appropriations

In addition to the amounts authorized in subsection (a) of this section, there are authorized to be appropriated to the Department of Commerce $65,000,000 for each of the fiscal years 1994 and 1995, which shall be available in such amounts as the Secretary may determine appropriate for the purposes of this chapter; except that-

(1) in providing funds to States under this subsection, the Secretary shall give a preference to those States regarding which the Secretary determines there is a commercial fishery failure or serious disruption affecting future production due to a fishery resource disaster arising from natural or undetermined causes, and any sums made available under this subsection may be used either by the States or directly by the Secretary in cooperation with the States for any purpose that the Secretary determines is appropriate to restore the fishery affected by such a failure or to prevent a similar failure in the future;

(2) the funds authorized to be appropriated under this subsection shall not be available to the Secretary for use as grants for chartering fishing vessels; and

(3) the Federal share of the cost of any activity carried out with an amount appropriated under the authority of this subsection shall be 75 percent of the cost of that activity.

Amounts appropriated under this subsection shall remain available until expended.

(c) Development of management plans

In addition to the amounts authorized under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of Commerce $350,000 for each of the fiscal years 1989, 1990, 1991, 1992, and 1993, and $600,000 for each of the fiscal years 1994 and 1995, to support the efforts of the following interstate commissions to develop interstate fishery management plans for interjurisdictional fishery resources:

(1) The commission established by the Atlantic States Marine Fisheries Compact, as consented to and approved by Public Law 77–539 (56 Stat. 267), approved May 4, 1942.

(2) The commission established by the Pacific Marine Fisheries Compact, as consented to and approved by Public Law 80–232 (61 Stat. 419), approved July 24, 1947.

(3) The commission established by the Gulf States Marine Fisheries Compact, as consented to and approved by Public Law 81–66 (63 Stat. 70), approved May 19, 1949.

(d) Grants to commercial fishermen

(1) In addition to the amounts authorized under subsections (a), (b), and (c) of this section, there are authorized to be appropriated to the Department of Commerce $65,000,000 for fiscal year 1992 to enable the Secretary to award grants to persons engaged in commercial fisheries, for uninsured losses determined by the Secretary to have been suffered as a direct result of a fishery resource disaster arising from Hurricane Hugo, Hurricane Andrew, Hurricane Iniki, or any other natural disaster. Amounts appropriated under this subsection shall remain available until expended.

(2) The Secretary shall determine the extent, and the beginning and ending dates, of any fishery resource disaster under this subsection.

(3) Eligibility for a grant under this subsection shall be limited to any person that has less than $2,000,000 in gross revenues annually, as determined by the Secretary.

(4) A person may receive a grant under this subsection for up to 75 percent of any uninsured commercial fishery loss resulting from such a fishery resource disaster (to the extent that such losses have not been compensated by other Federal and State programs), but shall receive no more than $100,000 in the aggregate for all such losses suffered as a result of any particular fishery resource disaster.

(5) The Secretary shall establish, after notice and opportunity for public comment, appropriate limitations, terms, and conditions for awarding grants under this subsection, including provisions specifying the means by which applicants must demonstrate claimed losses and limiting the aggregate amounts that may be paid to persons that are affiliated with each other or under common ownership.

(6) As used in this subsection, the term "person" means any individual or any corporation, partnership, trust, association, or other nongovernmental entity.

( Pub. L. 99–659, title III, §308, Nov. 14, 1986, 100 Stat. 3736 ; Pub. L. 101–627, title V, §§502, 503, Nov. 28, 1990, 104 Stat. 4463 ; Pub. L. 102–396, title IX, §9135, Oct. 6, 1992, 106 Stat. 1937 ; Pub. L. 103–206, title VIII, §811, Dec. 20, 1993, 107 Stat. 2454 ; Pub. L. 103–238, §21, Apr. 30, 1994, 108 Stat. 561 .)

References in Text

Public Law 77–539, referred to in subsec. (c)(1), is act May 4, 1942, ch. 283, 56 Stat. 267 , which is not classified to the Code.

Public Law 80–232, referred to in subsec. (c)(2), is act July 24, 1947, ch. 316, 61 Stat. 419 , which is not classified to the Code.

Public Law 81–66, referred to in subsec. (c)(3), is act May 19, 1949, ch. 128, 63 Stat. 70 , which is not classified to the Code.

Amendments

1994-Subsec. (b). Pub. L. 103–238 substituted "$65,000,000 for each of the fiscal years 1994 and 1995" for "$2,500,000 for each of the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995".

1993-Subsec. (c). Pub. L. 103–206 inserted ", and $600,000 for each of the fiscal years 1994 and 1995," after "and 1993".

1992-Subsec. (d). Pub. L. 102–396 added subsec. (d).

1990-Subsec. (a). Pub. L. 101–627, §503(1), substituted "the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995" for "fiscal years 1987, 1988, and 1989".

Subsec. (b). Pub. L. 101–627, §§502, 503(2), in introductory provisions substituted "the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995" for "fiscal years 1988 and 1989" and added par. (3).

Subsec. (c). Pub. L. 101–627, §503(3), substituted "the fiscal years 1989, 1990, 1991, 1992, and 1993" for "fiscal years 1988 and 1989".

Section Referred to in Other Sections

This section is referred to in sections 1389, 4103, 4104 of this title.