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D.C.Code 16

619 et seq.

25 Stat. 357.

74 STAT. 544.

enter into agreements with the Agency in respect of any matter for which such agreements are authorized pursuant to this Act.

(d) The provisions of section 355 of the Revised Statutes, as amended (40 U.S.C. 255), shall be applicable to property acquired by the Agency. Proceedings in behalf of the Agency for the condemnation of property in the District of Columbia shall be instituted and maintained under the Act of March 1, 1929 (45 Stat. 1415), as amended; and of property elsewhere, under the Act of August 1, 1888, as amended (40 U.S.C. 257), the Act of February 26, 1931 (46 Stat. 1421 and the following, 40 U.S.C. 258), or any other applicable Act. This subsection shall apply to both real and personal property: Provided, That no action in condemnation of any property shall be commenced in behalf of the Agency until a reasonable effort has been made to negotiate with the owner of the property.

(e) Subject to the provisions of section 204 (c), such sums as shall be required to carry out the purposes of this title are authorized to be appropriated.

TITLE III-AUTHORIZATION FOR NEGOTIATION OF
INTERSTATE COMPACT

SEC. 301. (a) It is the intent of Congress to promote and encourage the solution of problems of a regional character in the National Capital region by means of an interstate compact entered into by the State of Maryland, the Commonwealth of Virginia and the Board of Commissioners of the District of Columbia, with the consent of Congress. To further this policy, the consent of Congress is hereby given to the State of Maryland and the Commonwealth of Virginia and the Board of Commissioners of the District of Columbia to negotiate a compact for the establishment of an organization to serve as a means of consultation and cooperation among the Federal, State, and local governments in the National Capital region, to formulate plans and policies for the development of the region, and to perform governmental functions of a regional character, including but not limited to the provision of regional transportation facilities. No such compact shall be binding upon the parties thereto unless and until it has been approved by the Congress.

(b) As promptly as practicable after the State of Maryland and the Commonwealth of Virginia have approved a compact for the estab lishment of an organization empowered to provide regional transportation facilities, the President shall submit to the Congress such recommendations as may be necessary or desirable to transfer to such organization such real and personal property, personnel, records, other assets, and liabilities as are appropriate in order that such organization may assume the functions and duties of the Agency.

(c) The President shall appoint a person to participate in the compact negotiations and to represent the United States generally. The Federal representative shall report to the President either directly or through such agency or official of the Government as the President may specify.

(d) The Federal representative, if not otherwise employed by the United States, shall receive for his services, when actually engaged in the performance of his duties, compensation at a rate not in excess of the per diem equivalent of the maximum rate for grade 18 of the General Schedule of the Classification Act of 1949, as amended, together with travel expenses as authorized by section 5 of the Act of 60 Stat. 808. August 2, 1946, as amended (6 U.S.C. 73b-2), for persons employed intermittently as consultants or experts and receiving compensation on a per diem when actually employed basis: Provided, That if the

5 USC 1071 note.

5 USC 73b-2.

74 STAT. 545.

Federal representative shall be an employee of the United States he shall serve without additional compensation.

(e) The Federal representative shall be provided with office space, consulting, engineering, and stenographic service, and other necessary administrative services.

(f) The compensation of the Federal representative shall be paid from the current appropriation for salaries in the White House Office. Travel and other expenses provided for in subsections (d) and (e) of this section shall be paid from any current appropriation or appropriations selected by the head of such agency or agencies as may be designated by the President to provide for such expenses.

(g) The State and Federal representatives appointed to participate in the compact negotiations are authorized to request from the Agency any information they deem necessary to carry out their functions under this section; and the Agency is authorized to cooperate with the compact representatives and, to the extent permitted by law, to furnish such information upon request made by the compact representatives.

SEPARABILITY

SEC. 302. If any part of this Act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the applicability of such part to other persons and circumstances and the constitutionality or validity of every other part of the Act shall not be affected thereby.

Approved July 14, 1960.

86th Congress, H. R. 10598
September 2, 1960

AN ACT

To clarify certain provisions of the Criminal Code relating to the importation or shipment of injurious mammals, birds, amphibians, fish, and reptiles (18 U.S.C. 42(a), 42(b)); and relating to the transportation or receipt of wild mammals or birds taken in violation of State, National, or foreign laws (18 U.S.C. 43), and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 42 (a) Crimes. and 42(b), title 18, United States Code, are amended to read as follows: Amendment. "§ 42. Importation or shipment of injurious mammals, birds, fish 63 Stat. 89. (including mollusks and crustacea), amphibia, and rep

tiles; permits, specimens for museums; regulations

"(a) (1) The importation into the United States, any territory of Importation of the United States, the District of Columbia, the Commonwealth of injurious Puerto Rico, or any possession of the United States, or any shipment mammals, eto. between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called 'flying foxes' or fruit bats of the genus Pteropus; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings,

to the interests of agriculture, horticulture, forestry, or to wildlife or 74 STAT. 753. the wildlife resources of the United States, is hereby prohibited. All 74 STAT. 754. such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to

repeal or modify any provision of the Public Health Service Act or 58 Stat. 682. Federal Food, Drug, and Cosmetic Act. Also, this section shall not 42 USC 201 note. authorize any action with respect to the importation of any plant pest 52 Stat. 1040. as defined in the Federal Plant Pest Act, insofar as such importation 21 USC 301. is subject to regulation under that Act.

71 Stat. 31. 7 USC 150aa note.

"(2) As used in this subsection, the term 'wild' relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms 'wildlife' and 'wildlife resources' include Definitions. those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent.

"(3) Notwithstanding the foregoing, the Secretary of the Interior, Exceptions. when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use.

"(4) Nothing in this subsection shall restrict the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate.

"(5) The Secretary of the Treasury and the Secretary of the In- Enforcement. terior shall enforce the provisions of this subsection, including any

Penalties.

62 Stat. 687.

ransportation of ildlife in vioation of laws.

STAT. 754.

■ STAT. 755.

regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions.

"(b) Whoever violates this section, or any regulation issued pursuant thereto, shall be fined not more than $500 or imprisoned not more than six months, or both."

SEC. 2. That the first four paragraphs of section 43, title 18, United States Code, are amended to read as follows:

"§ 43. Transportation, of wildlife taken in violation of State, National, or foreign laws; receipt; making false records "Whoever delivers, carries, transports, ships, by any means whatever, or knowingly receives for shipment, to or from any State, territory, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, or any foreign country, any wild mammal or bird of any kind, or the dead body or parts thereof, or the offspring or eggs therefrom, as the case may be, which was captured, killed, taken, purchased, sold, or otherwise possessed or transported in any manner contrary to any Act of Congress or regulation issued pursuant thereto or contrary to the laws or regulations of any State, territory, the District of Columbia, the Commonwealth of Puerto Rico, possession of the United States, or foreign country;

or

"Whoever receives, acquires, or purchases, knowingly, any such wild mammal or bird of any kind or the dead body or parts thereof, or the offspring or eggs therefrom, which was so transported, delivered, carried, or shipped by any means whatsoever, as aforesaid;

or

"Whoever, having acquired any of the foregoing properties which was so transported, delivered, carried, or shipped by any means whatever, as aforesaid, makes any false record, account, label or identification thereof; or".

Approved September 2, 1960.

86th Congress, S. 1806
September 6, 1960

AN ACT

74 STAT. 808.

To revise title 18, chapter 39, of the United States Code, entitled "Explosives and Combustibles".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 18 of the U. S. Code, United States Code, sections 831-835, inclusive, entitled "Explosives Title 18, Ch. 39. and Combustibles", as amended, is hereby amended to read as follows: Explosives

"Sec.

"CHAPTER 39-EXPLOSIVES AND OTHER

831. Definitions.

DANGEROUS ARTICLES

832. Transportation of explosives, radioactive materials, etiologic agents, and other dangerous articles.

833. Marking packages containing explosives and other dangerous articles.

834. Regulation by Interstate Commerce Commission.

835. Administration.

"g 831. Definitions

"As used in this chapter

and other dangerous articles.

"Unless otherwise indicated, 'carrier' means any person engaged in the transportation of passengers or property, by land, other than pipelines, as a common, contract, or private carrier, or freight forwarder as those terms are used in the Interstate Commerce Act, as 49 USC 1, amended, and officers, agents, and employees of such carriers.

301, 901,

"Person' means any individual, firm, copartnership, corporation, 1001, 1231. company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

"For-hire carrier' includes common and contract carriers. ""Shipper' shall be construed to include officers, agents, and employees of shippers.

"Interstate and foreign commerce' means commerce between a point in one State and a point in another State, between points in the same State through another State or through a foreign country, between points in a foreign country or countries through the United States, and commerce between a point in the United States and a point in a foreign country or in a Territory or possession of the United States, but only insofar as such commerce takes place in the United States. The term 'United States' means all the States and the District of Columbia.

""State' includes the District of Columbia.

"Detonating fuzes' means fuzes used in military service to detonate the explosive charges of military projectiles, mines, bombs, or torpedoes.

"Fuzes' means devices used in igniting the explosive charges of projectiles.

"Fuses' means the slow-burning fuses used commercially to convey fire to an explosive combustible mass.

"Fusees' means the fusees ordinarily used on steamboats, railroads, and motor carriers as night signals.

"Radioactive materials' means any materials or combination of materials that spontaneously emit ionizing radiation.

"Etiologic agents' means the causative agent of such diseases as may from time to time be listed in regulations governing etiologic agents prescribed by the Interstate Commerce Commission under section 834 of this chapter.

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