[CHAPTER 786-2D SESSION]

[S. J. Res. 219]

JOINT RESOLUTION

To continue until March 1, 1949, the authority of the United States Maritime Commission to make provision for certain ocean transportation service to, from, and within Alaska.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution of March 7, 1947, entitled "Joint resolution to authorize the United States Maritime Commission to make provision for certain ocean transportation service to and from Alaska until July 1, 1948, and for other purpose", is amended to read as follows: "That it is the intention of the Congress to assist in providing essential water transportation service for the Territory of Alaska pending the determination of a long-range policy with respect to such transportation.

"SEC. 2. (a) The United States Maritime Commission is authorized to enter into contracts, charters, and other arrangements deemed by it to be appropriate, with American citizens, deemed by the Commission to be qualified, to supply ocean transportation service with American-flag vessels to, from, and within Alaska. Such contracts, charters, or arrangements may include provisions for making available to such operators Government-owned vessels made available to the Commission for such purposes and vessels under the control or jurisdiction of the Commission for operation on voyages commencing not later than March 1, 1949. Such provisions may include (1) charter hire at a nominal rate; (2) such marine insurance to be provided by the Commission, as the Commission may determine to be necessary or appropriate as to vessels made available by the Commission and other vessels operated in the Alaska service under contracts, charters, or arrangements with the Commission; (3) requirements that the operators shall operate such vessels to secure the most economical transportation adequate for the Alaska service; and (4) such other requirements, terms, and conditions as the Commission may deem appropriate.

(b) Each such contract, charter, or arrangement shall provide that, as of the end of each accounting period, the cumulative gross profit, before overhead expenses, from the operation of vessels thereunder, as approved by the Commission, shall be allocated as follows and in the following order:

"(1) To provide for the operator's proportionate share of the expenses of all operators of maintaining a survey of Alaska ocean transportation services and of the costs and methods of operation of operators in said services, in accordance with a program approved by the Commission;

"(2) To allow compensation to the operator for working capital, use of facilities other than operator-owned vessels, and overhead expenses, on such bases as the Commission may determine; and such

bases may be fixed in terms of a percentage or percentages, deemed by the Commission to be reasonable, of vessel operating revenues;

"(3) To allow the operator a return at the rate of 10 per centum per annum, before Federal income taxes, on the fair value of operatorowned vessels used in the Alaska service;

"(4) Any profit remaining thereafter, at the conclusion of each accounting period, shall be held in a special account. At the end of the second and each succeeding accounting period, if any, such account shall be available for paying any then cumulative deficiency (covering the period from the commencement of operations hereunder) with respect to any amounts which, if earned, would have theretofore been allocated pursuant to the previous paragraphs of this subsection;

"(5) At the conclusion of operations under any such contract, charter, or other arrangement, any balance in said special account shall be promptly divided and paid 75 per centum to the Commission and 25 per centum to the operator.

"(c) The Commission may incorporate in each such contract, charter, or arrangement such definitions and formulas for the determinations of vessel-operating revenue, gross profit before overhead expenses, overhead expenses, accounting periods, fair value, and depreciation, as it may deem necessary or appropriate to carry out the other provisions of this subsection and of this joint resolution. The Commission's determination of the value of operator-owned vessels, for the purposes of such contract, charter, or other arrangement, shall be for the purposes of this joint resolution only and shall not be relevant evidence in any regulatory proceeding before the Commission.

"SEC. 3. (a) Every contract, charter, or arrangement made under this joint resolution shall expressly reserve to the Commission, after reasonable notice to the operator and affording him opportunity for hearing if the Commission determines that it is in the public interest 0 to do, the right to cancel the same upon reasonable notice of such Cancellation but not less than ninety days. Such contract, charter, or arrangement shall also reserve to the operator the right to request the Commission to modify or cancel the same for good cause shown, and if the Commission shall determine that the operator's claim is justified, it may make such modification or shall permit such cancellation at such time thereafter as it may consider reasonable but not more than ninety days after such determination.

"(b) Whenever the President shall proclaim that the security of the national defense makes it advisable, or during any national emergency declared by proclamation of the President, the Commission may terminate any contract, charter, or arrangement hereunder, without cost to the United States, upon such notice to the operator as the President shall determine.

"(c) Nothing contained in this joint resolution shall be construed to limit the right of the Commission to enter into other contracts, charters, or arrangements with new or other operators, if after such notice, investigation, or consultation as the Commission may deem. necessary or appropriate in the particular case, but without the necessity of hearings, the Commission shall determine such action to be in

the interest of the economy of the Territory of Alaska or of the national defense.

"SEC. 4. The word 'vessels' as used in the joint resolution shall include such passenger vessels, freight vessels, combination freight and passenger vessels, tugs, barges, and other watercraft, as shall, in the discretion of the Commission, be deemed suitable for use in ocean transportation to, from, and within Alaska.

"SEC. 5. The provisions of this joint resolution, as amended, shall not, prior to July 1, 1948, affect the operation of contracts, charters, or other arrangements in accordance with their terms in effect on the date of enactment of this amendatory section, unless superseded before July 1, 1948, by contracts, charters, or arrangements entered into under this joint resolution, as amended."

Approved July 1, 1948.

[PUBLIC LAW 12-81ST CONGRESS]

[CHAPTER 12-1ST SESSION]

[H. J. Res. 92]

JOINT RESOLUTION

To continue the authority of the Maritime Commission to sell, charter, and operate vessels, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the joint resolution entitled "Joint resolution to continue until March 1, 1949, the authority of the Maritime Commission to sell, charter, and operate vessels, and for other purposes", approved February 27, 1948 (Public Law 423, Eightieth Congress), is amended by striking out the date "March 1, 1949" wherever it appears therein and inserting in lieu thereof the date "June 30, 1949". That joint resolution is further amended by inserting at the end of subparagraph (b) thereof the words ": Provided, however, That vessels may be chartered to the Republic of the Philippines, or citizens thereof, for use in the interisland commerce of the Philippines in accordance with section 306 of the Philippine Rehabilitation Act of April 30, 1946 (60 Stat. 137; U. S. C., 1946 edition, title 50, sec. 1786)".

Approved February 28, 1949.

[CHAPTER 36-1ST SESSION]

[S. J. Res. 52]

JOINT RESOLUTION

To authorize vessels of Canadian registry to transport iron ore between United States ports on the Great Lakes during the period from March 15 to December 15, 1949, inclusive.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of section 27 of the Act of Congress approved June 5, 1920 (41 Stat. 999), as amended by Act of Congress approved April 11, 1935 (49 Stat. 154), and by Act of Congress approved July 2, 1935 (49 Stat. 442), or the provisions of any other Act of Congress or regulation, vessels of Canadian registry shall be permitted to transport iron ore between United States ports on the Great Lakes during the period from March 15 to December 15, 1949, inclusive. Approved March 28, 1949.

[PUBLIC LAW 50-81ST CONGRESS]

[CHAPTER 82-1ST SESSION]

[H. J. Res. 186]

JOINT RESOLUTION

To extend the time for use of construction reserve funds established under section 511 of the Merchant Marine Act, 1936, as amended.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of an Act approved August 8, 1947 (Public Law 384, Eightieth Congress), relating to merchant marine construction reserve funds established under section 511 of the Merchant Marine Act, 1936, as amended, is hereby amended by striking out "March 31, 1948" and inserting in lieu thereof "March 31, 1951".

Approved April 20, 1949.

[CHAPTER 124-1ST SESSION]

[H. J. Res. 91] •

JOINT RESOLUTION

To authorize the cancellation and release of an agreement dated December 31, 1923, entered into between the Port of Seattle and the United States of America, represented by the United States Shipping Board acting through the United States Shipping Board Emergency Fleet Corporation.

Whereas the Port of Seattle purchased and acquired by deed from the United States of America, represented by the United States Shipping Board, certain real property located in the city of Seattle, county of King, State of Washington, and referred to as the Skinner and Eddy Site Numbered 2; and

Whereas at the time the deed to said property was delivered to the Port of Seattle the purchase price therefor had not been paid; and Whereas an agreement was entered into contemporaneously with the transfer of said deed, which said agreement granted to the United States of America certain privileges; and

Whereas said agreement provides that all vessels then or thereafter belonging to the United States of America or any agency or agencies of the United States of America may be moored alongside the premises conveyed pursuant to said deed free of charge; and Whereas said agreement also provides that the Port of Seattle agrees to give free dockage to all Government-owned vessels at any of the terminals belonging to or controlled by said port; and

Whereas said port is desirous of being released from the provisions of the agreement dated December 31, 1923; and

Whereas the United States of America has used a portion of the premises herein referred to for the mooring of vessels and has in addition therto constructed pier 39 thereon and has excluded the port from any and all uses of the pier property and abutting facilities; and

Whereas the United State Government is still desirous of continuing the present use of that portion of the property upon which pier 39 is located together with certain other properties and facilities; and Whereas the Port of Seattle is willing and agrees to enter into an agreement with the United States Government with respect to the continued use of this property: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Army, acting on behalf of the United States, is hereby authorized to negotiate for and enter into an agreement for such period and on such terms and conditions as he deems advisable for the continuing use by the United States of the property on which pier 39 and its appurtenant facilities are located and that the Attorney General, or his duly authorized representative, acting on behalf of the United States, upon notification that such an agreement has been entered into, is hereby authorized and directed to execute the necessary docu