in the territory affected by the proposed conveyance. Such published notice shall include the names of all parties to the proposed contract of conveyance, the purchase price, and a general summary of the boundaries of the tract or tracts proposed to be included in the conveyance. (f) Exception of certain minerals from conveyances. There shall be excepted from conveyances made pursuant to this section all deposits of oil, gas, and other minerals, but the term "minerals" shall not include sand, gravel, or coral. (Pub. L. 88-183, § 1, Nov. 20, 1963, 77 Stat. 338.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1703 of this title. § 1702. Administrative responsibility of Secretary of Interior. (a) The Secretary of the Interior shall have administrative responsibility for all tidelands, submerged lands, or filled lands in or adjacent to Guam, the Virgin Islands, and American Samoa, except (1) lands conveyed pursuant to section 1701 of this title, (2) lands that are not owned by the United States on November 20, 1963, and (3) lands that are within the administrative responsibility of any other department or agency of the United States on November 20, 1963, for so long as such condition continues. In exercising such authority, the Secretary may grant revocable permits, subject to such terms and conditions as he may deem appropriate, for the use, occupancy, and filling of such lands, and for the removal of sand, gravel, and coral therefrom. (b) Nothing contained in this section shall affect the authority heretofore conferred upon any department, agency, or officer of the United States with respect to the lands referred to in this section. (Pub. L. 88-183, § 2, Nov. 20, 1963, 77 Stat. 339.) § 1703. Reserved rights. (a) Establishment of naval defensive sea areas and airspace reservations. Nothing in this chapter shall affect the right of the President to establish naval defensive sea areas and naval airspace reservations around and over the islands of Guam, American Samoa, and the Virgin Islands which he deems necessary for national defense. (b) Navigation; flood control; power production. Nothing in this chapter shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of the lands conveyed pursuant to section 1701 of this title and the navigable waters overlying such lands, for the purposes of navigation or flood control or the production of power, or shall be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood control, or the production of power. (c) Navigational servitude and powers of regulation for purposes of commerce, navigation, national defense, and international affairs. The United States retains all of its navigational servitude and rights in and powers of regulation and control of the lands conveyed pursuant to section 1701 of this title and the navigable waters overlying such lands, for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources not in derogation of United States navigational servitude and rights which are specifically conveyed to the governments of Guam, the Virgin Islands, or American Samoa, as the case may be, pursuant to section 1701 of this title. (Pub. L. 88-183, § 3, Nov. 20, 1963, 77 Stat. 339.) § 1704. Concurrent jurisdiction; exceptions for national defense purposes. (a) Except as otherwise provided in this section, the governments of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and offenses committed on property owned, reserved, or controlled by the United States in Guam, the Virgin Islands, and American Samoa. A judgment of conviction or acquittal on the merits under the laws of Guam, the Virgin Islands, or American Samoa shall be a bar to any prosecution under the criminal laws of the United States for the same act or acts, and a judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution under the laws of Guam, the Virgin Islands, or American Samoa for the same act or acts. (b) Notwithstanding the provisions of subsection (a) of this section, the President may from time to time exclude from the concurrent jurisdiction of the government of Guam persons found, acts performed, and offenses committed on the property of the United States which is under the control of the Secretary of Defense to such extent and in such circumstances as he finds required in the interest of the national defense. (Pub. L. 88-183, § 4, Nov. 20, 1963, 77 Stat. 339.) TITLE 49.-TRANSPORTATION 1. Interstate Commerce Act, Part I; General Provisions and Railroad and Pipe Line Carriers..... Regulation in general; car service; alteration of line-Continued (14) Establishment by Commission of rules, etc., as to car service. (15) Powers of Commission in case of emer gency. (16) Rerouting of traffic on failure of initial (17) Directions of Commission as to car service; (19) Application for certificate of Commission; (20) Issuance of certificate by Commission; unlawful extension or abandonment of lines. (21) Power of Commission to require adequate facilities or extension of line; penalty. (22) Construction, etc., of spurs, switches, etc., within State. Special rates and rebates prohibited. Preferences; interchange of traffic; terminal facili Sec. 1. 2. 3. - (2) 1211 where delivery is made to another party upon instruction. Interchange of traffic. Terminal facilities; use of and compensation for. Long and short haul charges; competition with water routes. (1) Charges for long and short hauls and on through route; exemption. (2) Competition of railroads with water routes; change of rates. Combinations and consolidations of carriers. (1) Pooling; division of traffic, service, or earnings. (2) Unifications, mergers, and acquisitions of control. (3) Noncarrier deemed carrier upon acquiring control. (4) Control effected by other than prescribed methods. (5) Transactions deemed to effectuate control or management. (6) Affiliation with a carrier defined. (7) Investigation by Commission of effectuation of control by nonprescribed methods. (8) Jurisdiction of injunctions, etc., against violations of section or orders. (9) Supplemental orders by Commission. (10) Unifications, consolidations, etc., of motor carriers only. (11) Plenary nature of authority under section. (12) Separability clause. (13) Carrier defined. (14) Interest in competing water carrier; prohibition of. (15) Same; determination of fact of competition. (16) Same; permission of interest in competing water carrier. (4) (5) 5. 7. 8. 9. (2) Application to Commission for approval of agreements; rules and regulations. (3) Maintenance of accounts and records by conferences, bureaus, committees, etc. (4) Agreements between carriers of different classes. (5) Pooling or division agreements. (6) Agreements for determining through joint consideration. matters (7) Investigation of prior approved agreements; termination or modification of approval; effective date. (8) Hearings. (9) Relief from operation of antitrust laws. (10) Effect of Commission's action. Schedules and statements of rates, etc., joint rail and water transportation. (1) Schedule of rates, fares, and charges; filling and posting. (2) Schedule of rates through foreign country. (3) Change in rates, fares, etc.; notice required; simplification of schedules. (4) Joint tariffs. (5) Copies of traffic contracts to be filed. (11) Jurisdiction of Commission over transpor- Combinations to prevent continuous carriage of freight prohibited. Liability in damages to persons injured by violation of law. Remedies of persons damaged; election; witnesses. 10. Violation of regulations by carrier; discrimination; penalties. 15. 15a. 15b. 16. 16a. (2) Attendance of witnesses and production of documents. 17. Discontinuance or change of the operation or service of trains or ferries; notice; investigation; hearing; determination. Reports and decisions of Commission. (1) Reports of investigations by Commission. (2) Record of reports; copies. (3) Publication of reports and decisions; printing and distribution of annual reports. Determination of rates, routes, etc.; routing of traffic; disclosures, etc. (1) Commission empowered to determine and prescribe rates, classifications, etc. (2) Orders of Commission. (3) Establishment of through routes, joint (4) Through routes to embrace entire length (6) Commission to establish just divisions of (7) Commission to determine lawfulness of (10) Direction of unrouted traffic by Commis- (11) Disclosure or solicitation of information concerning shipments unlawful; exceptions. (12) Penalty for violation of preceding provisions. (13) Allowance for service or facilities fur Commission procedure; delegation of duties; rehearings. (1) Divisions of Commission; organization; composition. (2) Reference of matters to divisions, individual Commissioners or boards. (8) Conduct of proceedings; seal; oaths; quorum; rules. (4) Powers of divisions, boards, etc.; effect of orders, etc. (5) Findings, etc., of Commissioner or board; accompanying statement and recommended order; copies to parties; exceptions; recommended order as Commission's order; delegation of duties to employee boards. (6) Rehearing, reargument, or reconsideration of decisions, orders, and requirements. (7) Reversal or modification after rehearing. etc. Sec. 17. 18. 19. 19a. Commission procedure; delegation of duties; re hearings-Continued. (8) Stay of decisions, etc., not effective at time of application for rehearing, etc. (9) Judicial relief from decisions, etc., upon denial or other disposition of application for rehearing, etc. (10) Reference of administrative matters to examiners. (11) Intervention of representatives of employees. (12) Admission to practice before Commission. Employees; appointment and compensation; witness fees; expenses. (1) Commissioners' salaries; secretary and employees; compensation; witness fees. (2) Expenses of Commission. Office and sessions. Valuation of property of carriers. (a) Physical valuation of property of carriers; classification and inventory. (b) Cost of property; elements considered in (c) Investigation; procedure and forms. (e) Aid of carrier required; rules and regula- (1) Valuation of extensions and improvements; revisions; reports. (g) Reports and information to be furnished by carriers. (h) Notice of completion of tentative valuation; protests; finality of report. Sec. 208. Securities of carriers; issuance, etc.-Continued. (10) Reports by carriers as to securities or proceeds. (11) Securities issued contrary to law, void; effect; penalty. (12) Restrictions on actions of officers and di-. rectors; penalty. 20b. Modification of railroad financial structures. (1) Approval and authorization of Commission; exclusion of equipment-trust securities. (2) Issuance of securities; assumption of obligations; authorization. (3) Scope of Commission's authority. (4) Form and contents of application; oath and signature. (5) Disposition of securities described in application, etc. (6) Notice of application to governors of States; intervention; hearings. (7) Jurisdiction of Commission as exclusive and plenary. (8) Guaranty of securities. (9) Issue of short-term notes; certificate of notification; proviso. 268. 27. (2) Application; public hearing; findings; sub- (4) Modification of securities of carrier acting (5) Authority of section as exclusive and (6) Reports to Commission from carrier. (8) Law governing applications; supplemental (9) Solicitation of proxies. (10) Rules and regulations. (11) Issuance of securities; law governing. (12) Taxes on issuance, transfer, or exchange of securities. (13) Conditions permitting modification and adjustment procedure to carriers in receivership or reorganization proceedings. Recordation of railroad equipment trust agreements and other evidences of equipment indebtedness. Annual reports of Commission. Restrictions; quotations of rates for United States Government. Mandamus to obtain equal facilities for shippers. Repealed. Safety appliances, methods, and systems. (a) Definition of carrier. (b) Order to install systems, etc.; modification; negligence of carrier. (c) Modification of rules, standards, and in structions. (d) Inspection by Secretary of Transporta tion; personnel. (e) Unlawful use of system, etc. (f) Report of failure of system, etc., and acci dents. (g) Duties and powers of Secretary of Transportation. (h) Penalties; enforcement. State or subdivision income tax withholding on (b) State or subdivision where employee Short title. INTERSTATE COMMERCE ACT The Interstate Commerce Act of Feb. 4, 1887, ch. 104, 24 Stat. 379, as it existed prior to its division into parts, is embodied in chapter 1 of this title. The original act was designated "part I" and a new part II, comprising chapter 8 of this title, was added by act Aug. 9, 1935, ch. 498, 49 Stat. 543. Part III, constituting chapter 12 of this title, was added by act Sept. 18, 1940, ch. 722, title II, § 201, 54 Stat. 929. Part IV constituting chapter 13 of this title, was added by act May 16, 1942, ch. 318, § 1, 56 Stat. 284. Part V, constituting chapter 19 of this title, was added by Pub. L. 85-625, § 2, Aug. 12, 1958, 72 Stat. 568. |