See. 201 struction. made available therefor, to construct or contract for the construction of terminal facilities for the interchange of traffic between the transportation facilities operated by him under this section and other carriers whether by Loans for con- rail or water, and to make loans for such purposes under such terms and conditions as he may determine to any 41 Stat. L. 1392. State, municipality, or transportation company; or to expend such moneys for necessary terminal improvements and facilities upon property leased from States, cities, or transportation companies under terms approved by the Interstate Commerce Commission, or otherwise, in accordance with any order rendered by said Commission under subheading (a), paragraph 13, section 6, Interstate Commerce Act. Facilities on Mississippi River (d) Any transportation facilities owned by the United above St. Louis. States and included within any contract made by the United States for operation on the Mississippi River above Saint Louis, the possession of which reverts to the United States at or before the expiration of such contract, shall be operated by the Secretary of War so as to provide facilities for water carriage on the Mississippi River above Saint Louis. Application of ping Acts. (e) The operation of the transportation facilities remerce and Ship ferred to in this section shall be subject to the provisions of the Interstate Commerce Act as amended by this Act or by subsequent legislation, and to the provisions of the "Shipping Act, 1916," as now or hereafter amended, in the same manner and to the same extent as if such transportation facilities were privately owned and operated; and all such vessels while operated and employed solely as merchant vessels shall be subject to all other laws, regulations, and liabilities governing merties, generally. chant vessels, whether the United States is interested therein as owner, in whole or in part, or holds any mortgage, lien, or interest therein. For the performance of Administration the duties imposed by this section the Secretary of War is authorized to appoint or employ such number of experts, clerks, and other employees as may be necessary for service in the District of Columbia or elsewhere, and as may be provided for by Congress. Laws, regula tions, and liabili by Secretary of War. 'New York State Barge Canal exempted from jurisdiction of Secretary of War, joint resolution of Feb. 27, 1921 (41 Stat. L. 1149) [U. S. Code, title 49, sec. 143]-not included in this compilation. Sec. 500 TITLE V.--MISCELLANEOUS PROVISIONS 1 (IN PART) Policy to develop tion declared. SEC. 500. [U. S. Code, title 49, sec. 142.] It is hereby Feb. 28, 1920. declared to be the policy of Congress to promote, en- water transportacourage, and develop water transportation, service, and 41 Stat. L. 499. facilities in connection with the commerce of the United States, and to foster and preserve in full vigor both rail and water transportation. Secretary of War portation facili municipal gov. It shall be the duty of the Secretary of War, with the Investigation by object of promoting, encouraging, and developing inland as to water transwaterway transportation facilities in connection with the ties. commerce of the United States, to investigate the appropriate types of boats suitable for different classes of such waterways; to investigate the subject of water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, apparatus, equipment, and appliances in connection therewith, and also railroad spurs and switches connecting with such terminals, with a view to devising the types most appropriate for different locations, and for the more expeditious and economical transfer or interchange of passengers or property between carriers by water and carriers by rail; to advise with communities, cities, and towns regarding the appropriate location of Cooperation with such terminals, and to cooperate with them in the prep- ernments. aration of plans for suitable terminal facilities; to investigate the existing status of water transportation upon the different inland waterways of the country, with a view to determining whether such waterways are being utilized to the extent of their capacity, and to what extent they are meeting the demands of traffic, and whether the water carriers utilizing such waterways are interchanging traffic with the railroads; and to investigate any other matter that may tend to promote and encourage inland water transportation. It shall also be the province and duty of the Secretary of War to compile, Dissemination of publish, and distribute, from time to time, such useful inland waterstatistics, data, and information concerning transportation on inland waterways as he may deem to be of value to the commercial interests of the country. information as to ways. The words "inland waterway" as used in this section "Inland shall be construed to include the Great Lakes. See Inland Waterways Corporation Act, June 7, 1924, as amended [U. S. Code, title 49, sec. 151, et seq.], post. water way "' includes Great Lakes. Sec. 8 41 Stat. L. 499. 41 Stat. L. 499. Invalidity of part of Act not to af SEO. 501. [Relates to effective date of section 10 of the Clayton Act: omitted herefrom.] SEC. 502. [Not in U. S. Code.] That if any clause. fect remainder. sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid such judgment shall not affect, impair. or invalidate the remainder of the Act, but shall be confined in its operation to the clause, sentence, paragraph. or part thereof directly involved in the controversy in which such judgment has been rendered. June 7, 1924. INLAND WATERWAYS CORPORATION ACT [AS AMENDED] Be it enacted by the Senate and House of Representatives of the United States of America in Congress 48 Stat. L. 360. assembled, [U. S. Code, title 49, sec. 151.] That for the purpose of carrying on the operations of the Government-owned inland, canal, and coastwise waterways system to the point where the system can be transferred to private operation to the best advantage of the Government, of carrying out the mandates of Congress prescribed in section 201 of the Transportation Act, 1920, as amended, and of carrying out the policy enunciated by Congress in the first paragraph of section 500 of such Act, there is hereby created a corporation, in the District of Columbia, to be known as the Inland Waterways Corporation (hereinafter referred to as the "corporation "). Secretary of War The Secretary of War shall be deemed to be the incorporator, and the incorporation shall be held effective upon the enactment of this Act. The Secretary of War shall govern and direct the corporation in the exercise of the functions vested in it by this Act. Inland Water ways Corporation created. the incorporator. 43 Stat. L. 361. 45 Stat. L. 978. 48 968. 958. continue trans portation facili ties operated by SEO. 3. [As amended May 29, 1928, June 16, 1934, and 49 Stat: L. 988: August 29, 1935.] [U. S. Code, title 49, sec. 153.] (a) Corporation to Until otherwise directed by Congress, the corporation shall continue the operation of the transportation and terminal facilities now being operated by or under the direction of the Secretary of War under section 201 of the Transportation Act, 1920, as amended, and shall continue to operate the facilities now being operated or that may hereafter be operated by it under the provisions of this Act; and shall, as soon as there is an improved channel sufficient to permit the same, initiate and continue the Sec. 3 water carriage heretofore authorized by law upon the Water carriage Mississippi River above Saint Louis. on the Mississippi above Saint Louis. service by cor completion of survey of Missis taries. (b) When the improvement of any tributary or con- 45 Stat. L. 979. necting waterway of the Mississippi River, not including the Ohio River, shall have been completed or advanced to the point where within two years thereafter there will have been substantially completed a sufficient and dependable channel for the safe operation of suitable Extension of barges and towboats thereon; and when the Chief of poration upon Engineers of the United States Army shall certify that improvement and fact to the Secretary of War, the Secretary of War shall sippi River tributhereupon cause a survey of such tributary or connecting waterway to be made for the purpose of ascertaining the amount of traffic, the terminal facilities, and the through routes and joint tariff arrangements with connecting carriers, that are or will, within such years, probably be available on such tributary or connecting waterway. As soon thereafter as such survey shall have been completed and a sufficient and dependable channel for the safe operation of suitable barges and towboats shall have been substantially completed, the Secretary of War may, if he finds from such survey that water transportation can, in the public interest, be successfully operated on such tributary or connecting waterway, extend the service of the Inland Waterways Corporation thereon as soon as the corporation shall have suitable facilities available therefor. Policy of Con tinuance of serv tion. (c) It is hereby declared to be the policy of Congress 45 Stat. L. 979. to continue the transportation services of the corporation gress as to conuntil (1) there shall have been completed in the rivers ice by corporawhere the corporation operates, navigable channels, as authorized by Congress, adequate for reasonably dependable and regular transportation service thereon; (2) terminal facilities shall have been provided on such rivers reasonably adequate for joint rail and water service; (3) there shall have been published and filed under the provisions of the Interstate Commerce Act, as amended, Filing of tariffs such joint tariffs with rail carriers as shall make generally available the privileges of joint rail and water transportation upon terms reasonably fair to both rail and water carriers; and (4) private persons, companies, or corporations engage, or are ready and willing to engage, in common-carrier service on such rivers. with Commission. Sec. 3 45 Stat. L. 979. Lease or sale of facilities of cor unit thereof, authorized. (d) When the Secretary of War shall find that navitransportation gable channels and adequate terminals are substantially poration, or any available as provided in paragraph (c) of this section, and when the Interstate Commerce Commission shall report to the Secretary of War that joint tariffs with rail carriers have been published and filed as provided in said paragraph, the Secretary of War is hereby authorized to lease for operation under private management, or to sell to private persons, companies, or corporations, the transportation facilities, or any unit thereof, belonging to the corporation: Provided, That for the purpose of this paragraph the facilities of the corporation on the MissisUnits designated. Sippi River and its tributaries shall be considered one unit, and those on the Warrior River and its tributaries as one unit: Provided further, That the facilities of the corporation shall not be sold or leased (1) to any carrier by rail or to any person or company directly or indirectly connected with any carrier by rail; or (2) to any person, company, or corporation who shall not give satisfactory If no satisfactory assurance and agree, as part of the consideration for such assurance given sale or lease, that the facilities so sold or leased will be similar common- continued in the common-carrier service in a manner substantially similar to the service rendered by the corporation, together with ample security by bond or otherUntil fair value wise to insure the faithful performance of such Commission and agreement; or (3) until the same has been appraised and the fair value thereof ascertained and reported to the President by the Interstate Commerce Commission, and the sale or lease thereof has been approved by the President. Restriction on sale, etc., to carrier by rail. for continuing carrier service. ascertained by President ap proves sale, etc. 48 Stat. L. 968. Application of Intersate Com (e) Any person, firm, or corporation, including the Inland Waterways Corporation, engaged or about to engage in conducting a common-carrier service upon the Warrior, Mississippi, Columbia, Snake, Sacramento, San 45 Stat. L. 980. Joaquin, or Savannah Rivers, or any tributaries thereof, 49 Stat. L. 958. may apply to the Interstate Commerce Commission and obtain a certificate of public convenience and necessity in accordance with the provisions of section 1 of the Interstate Commerce Act, as amended, and the Interstate Commerce Commission shall thereupon, by order, direct all connecting common carriers and their connections to join with such water carrier in through routes and joint rates. and joint rates with reasonable rules, regulations, and practices, as provided in paragraph (3) of section 15 merce Act. Certificate of public conveni ence and necessitv. Through routes |