Army Department, dated June 7, 1965. Commerce Department, dated May 28, 1965. Comptroller General, dated February 19, 1965– Federal Maritime Commission, dated February 11, 1965_ Interior Department, dated May 25, 1965__ 10 Comptroller General, dated June 9, 1965_ Federal Maritime Commission, dated June 10, 1965- Justice Department, dated June 17, 1965. Bourdon, Reginald A., assistant legislative director, American Mari- time Association, 1725 K Street NW., Washington, D.C...----- Boyd, Alan S., Under Secretary for Transportation, Department of Commerce; accompanied by Nicholas Johnson, Administrator, Maritime Administration; J. W. Gulick, Deputy Maritime Admin- istrator; Carl C. Davis, General Counsel; Capt. M. I. Goodman, Chief, Office of Ship Operations; Edward Aptaker, Chief, Office of Government Aid; and Ludwig C. Hoffman, Chief, Office of Ship Clark, Earl W. and Hoyt S. Haddock, codirectors, Labor-Manage- ment Maritime Committee, 100 Indiana Avenue NW., Washington- D.C.; accompanied by John N. Thurman, vice president, Pacific American Steamship Association; and Alvin_Shapiro, executive vice president, American Merchant Marine Institute, Inc., 919 18th Street NW., Washington, D.C... Coles, Marvin J., Esq., 1000 Connecticut Avenue, Washington, D.C.. Hirschfield, Vice Adm. James A., president, Lake Carriers' Associa- Hope, Robert S., Esq., Kominers & Fort, Tower Building, Washing- ton, D.C., on behalf of T. J. Stevenson & Co., Inc.-- Hughes, Phillip S., Assistant Director for Legislative Reference, Bureau of the Budget; accompanied by Pierre S. Palmer, Chief, Kelly, James F., Deputy Assistant Secretary for Administration, Department of Health, Education, and Welfare; accompanied by Elmer Smith, Supervisory Operations Analyst, Office of the Secretary; Dr. G. P. Ferrazzano, Chief, Division of Hospitals, U.S. Public Health Service; and Dr. Leo J. Gehrig, Chief, Bureau of Medical Statement of-Continued Logan, Harold, vice president, Grace Line, Inc., 3 Hanover Square, Meyers, Thomas L., Washington representative, Seafarers Interna- Ragan, William F., 900 17th Street NW., Washington, D.C., on behalf of Bulk Food Carriers, Inc.-.-. Shapiro, Alvin, executive vice president, American Merchant Marine Blasingame, Dr. F. J. L., executive vice president, American Medical Bourdon, Reginald A., assistant legislative director, American Mari- Campbell, Joseph, Comptroller General, letter dated June 7, 1965, to Corcoran, John J., director, National Rehabilitation Commission, The American Legion, 1608 K Street, NW., Washington, D.C., Holdsworth, Phil R., commissioner, Alaska Department of Natural Kennedy, Hon. Edward M., U.S. Senator from Massachusetts, state- Sablic, A., vice president, Consolidated Mariners, Inc., 19 Rector Street, New York, N. Y., letter dated June 16, 1965, re S. 2069_-- 48 The subcommittee met at 10 a.m., in room 5110, New Senate Office Building, the Honorable E. L. Bartlett presiding. Senator BARTLETT. The subcommittee will be in order. The purpose of the hearing this morning is to consider three bills relating to the U.S. merchant marine. The subcommittee will hear testimony on the following bills: S. 945, a bill creating a joint commission of the United States and the State of Alaska to make administrative determinations of navigability of inland nontidal waters in the State of Alaska for State selections. S. 1917, a bill to amend the Merchant Marine Act, 1936, in order to protect and promote the health of seamen on vessels of the United States, and for other purposes. S. 2069, a bill to broaden the vessel exchange provisions of section 510(i) of the Merchant Marine Act, 1936, to extend such provisions for an additional 5 years, and for other purposes. (The bills follow:) [S. 2069, 89th Cong., 1st sess.] A BILL To broaden the vessel exchange provisions of section 510 (1) of the Merchant Marine Act, 1936, to extend such provisions for an additional five years, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of subsection (i) of section 510 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1160 (i)), is amended as follows: (1) By striking out "within five years from the date of enactment of this Act war-built vessels (which are defined for purposes of this subsection as oceangoing" and inserting in lieu thereof the following: "before July 5, 1970,". (2) By striking out "during the period beginning September 3, 1939, and ending September 2, 1945)" and inserting in lieu thereof the following: "before September 3, 1945,". (3) By inserting immediately before the words "owned by the United States" the following: "(which are defined for purposes of this subsection as oceangoing vessels of one thousand five hundred gross tons or over which were constructed or contracted for by the United States shipyards during the period beginning September 3, 1939, and ending September 2, 1945)". Staff counsel assigned to this hearing: William C. Foster. SEC. 2. Subsection (i) (9) of section 510 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1160 (i) (9)), is amended to read as follows: "(9) No tanker vessels shall be traded out under the provisions of this subsection unless it has been determined by the Secretary of Commerce: "(A) After consultation with the Secretary of Defense that the vessel is no longer required in the reserve fleet for national defense purposes; and "(B) That the vessel will be operated only in the domestic trade for a period of at least five years from the date of acquisition; and "(C) That the vessel will not be employed in the tanker vessel trade for five years from the date of acquisition." [S. 1917, 89th Cong., 1st sess.] A BILL To amend the Merchant Marine Act, 1936, in order to protect and promote the health of seamen on vessels of the United States, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title IX of the Merchant Marine Act, 1936 (46 U.S.C., ch. 27, subch. IX) is amended by adding at the end thereof the following new section: "SEC. 908. The responsibility and function of providing medical, surgical, and dental treatment and hospitalization for seamen and other beneficiaries placed in the Public Health Service by section 322 of the Public Health Service Act shall not be transferred or assigned, in whole or in part, to any other department or agency of the United States, nor shall the provision of any such service at any institution, hospital, or station of the Public Health Service be terminated without the consent of the appropriate committees of the Congress." [S. 945, 89th Cong., 1st sess.] A BILL Creating a joint commission of the United States and the State of Alaska to make administrative determinations of navigability of inland nontidal waters in the State of Alaska for State selections Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the policy of the United States to cooperate with the State of Alaska in making a joint administrative determination, for purposes of State selections only, of the navigability of inland nontidal waters within the State of Alaska. SEC. 2. (a) The Secretary of the Interior shall designate, for such terms as he deems proper, not less than two and not more than five officers or employees of the Department of the Interior to comprise, together with a similar number of officers or employees of the Department of Natural Resources of the State of Alaska designated by the commissioner of that department, a joint commission of the United States and the State of Alaska for the determination of the navigability of inland nontidal waters within the State of Alaska, to be known as the "Navigable Waters Commission". (b) The commissioner of the Department of Natural Resources of the State of Alaska may designate an officer or employee of the Department of Law of the State of Alaska as a member of the Navigable Waters Commission in lieu of the designation of an officer or employee from the Department of Natural Resources of the State of Alaska. SEC. 3. The Navigable Waters Commission shall meet at a suitable place in the State of Alaska at the call of the Chairman. The Chairman for the first meeting of the Commission shall be designated by the Secretary of the Interior. During the course of each meeting, the Commission shall elect a chairman for the next meeting, and the chairmanship shall alternate between members from the Department of the Interior and members from the State of Alaska. Salaries and expenses of Federal and State members shall be borne by their respective governments. Joint expenses of the Commission shall be borne equally by the two governments. SEC. 4. At each meeting the Department of the Interior of the United States and the Department of Natural Resources of the State of Alaska shall, either jointly or separately, propose to the Navigable Waters Commission, a determination of the navigability or nonnavigability of particular waters, or of all waters contained in particular areas described with reference to the public land survey wherever possible, situated in whole or in part within the State of Alaska. The members of the Commission shall not take part in the making of such proposals by their respective departments. The Commission shall hear from (1) representatives of the two departments, (2) any expert witnesses hired by the Commission, and (3) any person who first establishes to the satisfaction of one-half of the membership of the Commission a sufficient interest in the proceedings, evidence bearing on the question of navigability. As soon as practicable, the Commission shall make a determination of the navigability or nonnavigability of the inland nontidal waters so proposed. No determination of navigability or nonnavigability shall be made with respect to particular waters or areas containing waters unless concurred in by a majority of the members of the Navigable Waters Commission. The expenses of the Department of the Interior and of the Department of Natural Resources incurred in investigating and proposing the navigability or nonnavigability of waters shall be borne by the respective governments. SEC. 5. In making its determinations the Navigable Waters Commission shall be guided by statutory, common law, and judicial authorities on the subject of navigability of waters. SEC. 6. Determinations of the Navigable Waters Commission shall be binding, insofar as State selection rights of the State of Alaska are concerned, upon all departments, agencies, officers, and employees of both the United States and the State of Alaska, and upon all persons deriving title from either or both governments subsequent to the effective date of this Act: Provided, That the United States, the State of Alaska, or any other affected party may obtain judicial review of any determination by filing a petition for that purpose in the United States District Court for the District of Alaska within one year after the publication of such determination in the Federal Register. review shall be on the basis of the record. Such judicial (The agency comments follow:) Hon. WARREN G. MAGNUSON, DEPARTMENT OF THE ARMY, DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense on S. 945, 89th Congress, a 'bill creating a Joint Commission of the United States and the State of Alaska to make administrative determinations of navigability of inland nontidal waters in the State of Alaska for State selections. The Department of the Army has been assigned responsibility for expressing the views of the Department of Defense on this bill, This bill would establish a Joint Commission to determine, for purposes of State selections only, the navigability of inland nontidal waters within the State of Alaska. Members of the Commission would be appointed respectively by the Secretary of the Interior and the Commissioner of the Department of Natural Resources of the State of Alaska. The appointees would come from the existing staff of officers and employees of the Department of the Interior and the Department of Natural Resources. Not less than two nor more than five members will be appointed each by the Secretary and the Commissioner. The Commission will be known as the "Navigable Waters Commission." In making its determinations the Commission would be guided by statutory, common law, and judicial authorities on the subject of navigability of waters. It is the understanding of the Department of the Army that the scope of the bill is limited to determinations of navigability with respect to State selections from the public lands of the United States as provided for in section 6 of the Alaska Statehood Act (72 Stat. 339, 340). The determinations are not binding upon and do not affect administrative determinations on the navigability of waters made by the Department of the Army in connection with its administration for the preservation and protection of the navigable waters of the United States. |