vided for, any and all machinery, equipment, instruments, material, and other property of any sort whatsoever used or acquired in connection with the construction of the Panama Canal, so far and as rapidly as the same is no longer needed at Panama, and the successors to the Isthmian Canal Commission are authorized to deliver said property to such officers or persons as the President may designate, and to take credit therefor at such percentage of its original cost as the President may approve, but this amount shall not be charged against the fund provided for in this Act."

REPEAL OF ACT OF APRIL 10, 1926, RELATING TO FREE TRANSPORTATION ON THE ALASKAN RAILROAD

SEC. 202. The Act approved April 10, 1926 (44 Stat. 239, ch. 114), relating to free transportation on the Alaskan Railroad, is hereby repealed.

TITLE III—WATER CARRIERS NOT PREVIOUSLY REGULATED UNDER INTERSTATE COMMERCE ACT

REPEAL OF CERTAIN PROVISIONS OF LAW

SEC. 301. (a) Subject to subsection (b), the following provisions of law are hereby repealed insofar as they are inconsistent with any provision of the Interstate Commerce Act, as amended, and insofar as they provide for the regulation of the transportation of persons or property by water between places in Alaska and places in the other States of the United States or the District of Columbia, or between places in Alaska:

(1) The Shipping Act, 1916, as amended.

(2) The Intercoast Shipping Act, 1933, as amended.

(3) Section 27(b) of the Act approved July 7, 1958, entitled "An Act to provide for the admission of the State of Alaska into the Union” (Public Law 85-508).

(b) Subsection (a) of this section shall not be construed to repeal any of the following provisions:

(1) Section 205 of the Merchant Marine Act, 1936 (46 U.S.C. 1115), as amended, or any provision of law providing penalties for violations of such section 205.

(2) The third sentence of section 2 of the Intercoastal Shipping Act, 1933, as amended (46 U.S.C. 844), as extended by section 5 of such Act, or any provision of law providing penalties for violations of such section 2.

(3) The provisions of the Shipping Act, 1916, as amended, insofar as such Act provides for the regulation of persons included within the term "other persons subject to this Act", as defined in such Act, but this reservation shall not include persons who do not operate vessels but who have been held to be water common carriers under that Act or the Shipping Act, 1933, regardless as to whether such persons are water common carriers subject to part III of the Interstate Commerce Act or freight forwarders under part IV of that Act.

(4) Sections 27 and 28 of the Merchant Marine Act, 1920 (46 U.S.C. 883, 884).

(5) The provisions of section 15 of the Shipping Act, 1916, as amended (46 U.S.C. 814), so as to prevent any water carrier subject to the provisions of the Interstate Commerce Act from entering into any agreement under the provisions of such section 15 with respect to transportation not subject to the provisions of the Interstae Commerce Act in which such carrier may be engaged.

(6) Any law of navigations, the admiralty jurisdiction of the courts of the United States, liabilities of vessels and their owners for loss or damage, or laws respecting seamen, or any other maritime law, regulation, or custom not in conflict with the provisions of the Interstate Commerce Act.

TRANSFER OF RECORDS AND DOCUMENTS; EXISTING ORDERS, REGULATIONS, CONTRACTS, ETC.; PENDING PROCEEDINGS; "GRANDFATHER" RIGHTS UNDER INTERSTATE COMMERCE ACT

SEC. 302. (a) Except to the extent that they are required by the Federal Maritime Board in connection with its continued jurisdiction, all files, reports.

records, tariff schedules, contracts, agreements, and other documents in the possession of the Board relating to the regulation of transportation by water between places in Alaska and other places in the United States and between places in Alaska, and carriers engaged in such transportation, shall be transferred to the Interstate Commerce Commission. To the extent that such records and documents are retained by the Federal Maritime Board, copies thereof shall be furnished to the Commission upon request.

(b) Notwithstanding section 301 (a), all orders, rules, regulations, tariffs, contracts, or agreements in effect at the time this section takes effect, pertaining to transportation by water between places in Alaska and other places in the United States and between places in Alaska, to the extent they were issued, authorized, approved, entered into, or filed pursuant to authority of the Federal Maritime Board or under any provision of law repealed by section 301, shall continue in force and effect until lawfully changed by act of the parties involved or until changed, modified, or set aside by action of the Interstate Commerce Commission.

(c) Any proceeding, hearing, or investigation commenced or pending before the Federal Maritime Board at the time this section takes effect, to the extent that it relates to the administration of any provision of law repealed by this Act, shall be continued or otherwise acted upon by the Interstate Commerce Commission as though such proceeding, hearing, or investigation had been instituted under the provisions of the Interstate Commerce Act.

(d) Any judicial proceeding pending on the date this section takes effect, and arising under any provision of law repealed by the provisions of section 301, shall be continued, heard and determined in the same manner and with the same effect as if such provision had not been repealed; except that in the case of any such proceeding to which the Federal Maritime Board is a party, the court, upon motion or supplemental petition, may direct that the Interstate Commerce Commission be substituted for the Federal Maritime Board as a party to the proceeding or made an additional party thereto.

(e) If any provision of this title or the application thereof to any person, or commerce, or circumstance is held invalid, the remainder of this title and the application of such provision to other persons, commerce, or circumstances shall not be affected thereby.

AMENDMENTS TO SECTION 306 OF INTERSTATE COMMERCE ACT WITH RESPECT TO TRANSFER AND FILING OF TARIFFS, AND SCHEDULES OF CERTAIN WATER CARRIERS SEC. 303. (a) Section 306(a) of the Interstate Commerce Act, as amended (49 U.S.C. 906(a)), is amended by striking out the period at the end thereof and inserting a colon and the following: "Provided, That tariffs (or copies thereof) of common carriers by water containing rates, fares, charges, classifications, rules, regulations, and practices for the transportation in interstate or foreign commerce of passengers or property between places in Alaska and between places in Alaska and other places in the United States in effect and on file with the Federal Maritime Board on the date this proviso takes effect, pursuant to the requirements of the Shipping Act of 1916, as amended, or the Intercoastal Shipping Act of 1933, as amended, shall be transferred to the Commission and shall be deemed to be filed with the Commission as of such date pursuant to the requirements of this part. Tariffs showing all other rates, fares, charges, classifications, rules, regulations and practices for transportation by water common carriers between places in Alaska and other places in the United States, and between places in Alaska, made subject to this part by virtue of the enactment of the Alaska Interstate Commerce Act, shall be filed as provided in this part not later than one hundred and eighty days after the date on which this amendment takes effect."

(b) Section 306 (e) of the Interstate Commerce Act, as amended (49 U.S.C. 909 (e)), is amended by adding at the end thereof the following new sentence: "Schedules showing the minimum rates, charges, rules, regulations, or practices for transportation by water contract carriers between places in the United States and places in Alaska, and between places in Alaska over the high seas, made subject to this part by virtue of the enactment of the Alaskan Interstate Commerce Act, shall be filed as provided in this part not later than one hundred and eighty days after the date on which this sentence takes effect."

AMENDMENTS TO SECTION 309 OF INTERSTATE COMMERCE ACT WITH RESPECT TO "GRANDFATHER" RIGHTS OF CERTAIN WATER CARRIERS

SEC. 304. (a) Section 309(a) of the Interstate Commerce Act, as amended (49 U.S.C. 909(a)) is amended by inserting "(1)" after "SEC. 309. (a)" and by adding at the end thereof the following new paragraph:

"(2) Subject to the provisions of section 310, if any person (or his predecessor in interest) was in operation on the date on which this paragraph takes effect as a common carrier by water, in interstate or foreign commerce, between ports in Alaska and other ports in the United States, or between ports in Alaska over the high seas, and has so operated since that time (or if engaged in furnishing seasonal service only, was engaged in such operations in the year 1958 during the season ordinarily covered by its operations, and such operations have not been discontinued), except in either instance as to interruptions of service over which such person or his predecessor in interest had no control, a certificate shall be issued authorizing such operations, without further proceedings, if application for such certificate is made as provided herein on or before July 1, 1959. Pending the determination of any such application, the continuance of such operations without a certificate shall be lawful. Applications for certificates under this paragraph shall be filed with the Commission in writing, and in such form, contain such information, and be accompanied by proof of service upon such interested parties as the Commission shall require."

(b) Section 309 (f) of the Interstate Commerce Act, as amended (49 U.S.C. 909 (f)), is amended by inserting "(1)" after "(f)" and by adding at the end thereof the following paragraph:

"(2) Subject to the provisions of section 310, if any person (or his predecessor in interest) was in operation on the date on which this paragraph takes effect as a contract carrier by water, in interstate or foreign commerce, between ports in Alaska and other ports in the United States, or between ports in Alaska over the high seas, and has so operated since that time (or if engaged in furnishing seasonal service only, was engaged in such operations in the year 1958 during the season ordinarily covered by its operations, and such operations have not been discontinued), except in either instance as to interruptions of service over which such person or his predecessor in interest had no control, a permit shall be issued authorizing such operations, without further proceedings, if application for such permit is made as provided herein on or before July 1, 1959. Pending the determination of any such application, the continuance of such operations without a permit shall be lawful. Applications for permits under this paragraph shall be filed with the Commission in writing, and in such form, contain such information, and be accompanied by proof of service upon such interested parties as the Commission shall require."

AMENDMENTS TO PART IV OF INTERSTATE COMMERCE ACT, WITH RESPECT TO PERSONS, HERETOFORE REGULATED AS WATER CARRIERS, WHO WILL BE SUBJECT TO SUCH PART IV

SEC. 305. (a) Section 405 (a) of the Interstate Commerce Act, as amended (49 U.S.C. 1005 (a)), is amended by inserting "(1)" after "SEC. 405. (a)" and by adding at the end thereof the following paragraph:

"(2) Tariffs (or copies thereof) containing rates, charges, classifications, rules, regulations, and practices for the transportation of property in interstate or foreign commerce by water between places in Alaska and other places in the United States, or between places in Alaska, filed with the Federal Martime Board pursuant to the Shipping Act of 1916, as amended, or the Intercoastal Shipping Act of 1933, as amended, by persons whose operations are those of a common carrier by water under the mentioned Acts, but whose operations are those of a freight forwarder under this part, as in effect on the date this paragraph takes effect, shall be transferred to the Commission and shall be deemed to be filed with the Commission pursuant to the requirements of the Interstate Commerce Act as of the date on which this paragraph takes effect."

(b) Section 410 (a) of the Interstate Commerce Act, as amended (49 U.S.C. 1010(a)), is amended by inserting "(1)" after "SEC. 410. (a)" and by adding at the end thereof the following paragraph:

"(2) If any person (or his predecessor in interest) whose operations were those of a common carrier by water under the Shipping Act of 1916, as amended, or the Intercoastal Shipping Act of 1933, as amended, but whose operations are those of a freight forwarder under this part, as in effect on the date this paragraph takes effect, was in operation in interstate commerce, on such date,

between places in Alaska and other places in the United States, or between places in Alaska over the high seas, and has so operated since that time (or if engaged in furnishing seasonal service only, was engaged in such operations in the year 1958 during the season ordinarily covered by its operations, and such operations have not been discontinued) except in either instance as to interruptions of service over which such person or his predecessor in interest had no control, a permit shall be issued authorizing such operations as a freight forwarder without further proceedings, if application for such permit is made as provided herein on or before July 1, 1959. Pending the determination of any such application the continuance of such operations without a permit shall be lawful. Applications for permits under this paragraph shall be filed with the Commission, in writing, and in such form, contain such information, and be accompanied by proof of service upon such interested parties as the Commission shall require."

[H.R. 8520, 86th Cong., 1st sess.]

A BILL To establish a joint board and to permit the filing of through routes and joint rates for carriers serving Alaska, Hawaii, and the other States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Chairman of the Civil Aeronautics Board, the Federal Maritime Board, and the Interstate Commerce Commission shall designate, from time to time, a like number of members or examiners of each to act as a joint board to consider and pass upon matters referred to such joint board as provided in subsection (c) of this section. The joint board is authorized, without regard to the civil service and classification laws, to appoint and prescribe the duties and fix the compensation of a secretary of the joint board. The joint board is authorized to use, with their consent, the available office space, services, supplies, equipment, personnel, and facilities of the Interstate Commerce Commission, the Federal Maritime Board, and the Civil Aeronautics Board in carrying out the functions of the joint board under this Act, such use to be subject to the supervision of the Director of the Bureau of the Budget.

(b) Air carriers subject to the Federal Aviation Act of 1958, common carriers subject to the Interstate Commerce Act, as amended, and common carriers by water subject to the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended (including persons who do not operate vessels but who have been held to be common carriers by water under the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended), may establish reasonable through service and joint rates, fares, and charges with any other such common carriers in connection with the transportation of property between the State of Alaska or the State of Hawaii, and other States; except that with respect to transportation of property, air carriers not directly engaged in the operation of aircraft in air transportation (other than companies engaged in the air express business) may not establish joint rates or charges, under the provisions of this subsection, with common carriers subject to the Interstate Commerce Act, the Shipping Act, 1916, as amended, and the Intercoastal Shipping Act, 1933, as amended. It shall be the duty of the carriers parties thereto to file tariffs with their respective regulatory agencies, establishing just and reasonable rates, fares, or charges and just and reasonable classifications, rules, regulations, and practices affecting such rates, fares, or charges, or the value of the service thereunder, and if joint rates, fares, or charges shall have been established with respect to such through service, just reasonable, atnd equitable divisions of such joint rates, fares, or charges as between the carriers participating therein shall be made but not filed.

(c) Matters relating to such through service and joint rates, fares, or charges shall be referred by the Civil Aeronautics Board, Federal Maritime Board, or the Interstate Commerce Commission, upon complaint or upon its own initiative, to a joint board created as provided in subsection (a) of this section. Complaints may be made to the Civil Aeronautics Board, Federal Maritime Board, or the Interstate Commerce Commission with respect to any matter which shall be referred to a joint board under this subsection.

(d) With respect to matters referred to any joint board as provided in subsection (c) of this section, if such board finds, after notice and hearing, that any such joint rate, fare, or charge, or classification, rule, regulation, or practice, affecting such joint rate, fare, or charge or the value of the service thereunder

is or will be unjust, unreasonable, unjustly discriminatory, or unduly preferential or prejudicial, or that any division of any such joint rate, fare, or charge, is or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto, it is authorized and directed to take the same action with respect thereto as the Interstate Commerce Commission is empowered to take with respect to any joint rate, fare, or charge, between common carriers, by motor vehicles or any divisions thereof, or any classification, rule, regulation, or practice affecting such joint rate, fare, or charge or the value of the service thereunder. Pending such hearing and decision thereon, the joint board after filing and giving to the carrier or carriers affected thereby a statement in writing of reasons for suspension, may from time to time suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice but not for a longer period than seven months beyond the time when it would otherwise go into effect, and after full hearing, the joint board may make such order with reference to the matter as would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare, charge, classification, regulation, or practice shall go into effect at the end of such period; but in case of a proposed increased joint rate or charge for or in respect to the transportation of property, the joint board may by order require the interested carriers to keep accurate account in detail of all amounts received by reasons of such increase, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested carrier or carriers to refund, with interest, to the persons in whose behalf such amounts were paid, such portion of such increased rates or charges as by its decision shall be found not justified. At any hearing involving a change in a joint rate, fare, or charge, or joint classification, or in a joint rule, regulation, or joint practice, the burden of proof shall be upon the carrier to show that the proposed changed joint rate, fare, charge, or joint classification, rule, regulation, or practice is just and reasonable, and the joint board shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible.

(e) The joint board shall have the power to make or amend such general rules, regulations, or orders as may be requisite for the order and regulation of proceedings before it. Any member of the joint board may administer oaths and affirmations and the joint board shall have the power to issue subpenas requiring the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter coming within its jurisdiction. Every vote and official act of the joint board shall be entered of record and such record shall be made public upon the request of any party interested. A majority of the joint board shall constitute a quorum for the transaction of business.

(f) Orders of the joint board, shall be enforcible in the same manner as provided in section 16 (12) of the Interstate Commerce Act, and reviewable as provided in title 28, United States Code, sections 2321-2325, inclusive.

(g) Those provisions of the Interstate Commerce Act, as amended, the Shipping Act, 1916, as amended, the Intercoastal Shipping Act, 1933, as amended, the Act of July 7, 1958 (72 Stat. 339), providing for the admission of Alaska into the Union and the Act of March 18, 1959 (73 Stat. 4), providing for the admission of Hawaii into the Union are hereby superseded insofar as they are contrary to any provision of this Act.

(h) The initial joint board constituted under this Act shall examine into means and methods for fully attaining the purpose of this Act and shall report its recommendations for additional legislation necessary for such purpose to the President and to the Congress upon the termination of one year from the date of enactment of this Act.

[H. R. 8521, 86th Cong., 1st sess.]

A BILL To establish a joint board and to require mandatory through routes and joint rates for carriers serving Alaska, Hawaii, and the other States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby declared to be the purpose of this Act to foster sound economic coordination of transportation services by air, land, and water in the interest of domestic and foreign com