Page:United States Statutes at Large Volume 45 Part 1.djvu/1030

 SEVE NTIETH CONGRESS. SESS. I. CH. 891 . 1928 . 979 "(b) When the improvement of any tributary or connecting water- Completion, by im- pro vemen t of Mis sis- way of the Mississippi River, not including the Ohio River, shall sippi River tributaries, have been completed or advanced to the point where within two ofb of ar and t owbo ats channel for t o boatis years thereafter there will have been substantially completed a suffi- thereon . cient and dependable channel for the safe operation of suitable barges and towboats thereon ; and when the Chief of Engineers of the United States Army shall certify that fact to the Secretary of War, the Secretary of War shall thereupon cause a survey of such tribu- Thereupo n surve y to be made for ascertain- tary or connecting waterway to be made for the purpose of aster- ing traf fic, term inals, tai ning the amou nt of tra ffic , the ter minal fac iliti es, and the t hrou gh arrangems e joint reu nts and wi th wi tariff - routes and joint tariff arrangements with connecting carriers that are nec ting carr iers, pro b- or will, within such years, probably be available on such tributary ably av ailable. or c onnecti ng wat erway. As soon thereafter as such survey shall channen forb ep e ndaable have been completed and a sufficient and dependable channel for the shall have been co m- safe operation of suitable bares and towboats shall have been sub- lewd , andwans- g portation successfully stantially completed, the Secretary of War may, if he finds from co rp oea 1pIIserviccy l of such survey that water transportation can, in the public interest, extended to the tribu- be successfully operated on such tributary or connecting waterway, tares' extend the service of the Inland Waterways Corporation thereon as soon as the corporation shall have suitable facilities available ther efor. Transpo rtation serv - "(c) It is hereby declared to be the policy of Congress to continue ices of Corporation . the transpor tation s ervices of the c orporati on until (1) there shall rivers navigable Cr until in n aviga ble chan- have been completed in the rivers where the corporation oper ates, nels completed for regu- lartransportation there- navigable channels, as authorized by Congress, adequate for reason- on. ably dependable and regular transportation service thereon ;; (2) joint Terminal rail and water ter terminal facilities shall have been provided on such rivers reason- service . ably adequate uate for joint rail and water service ; (3) there shall have Joint tariffs with rail y carriers reasonably fair been publish ed and f iled und er the p rovision s of the Intersta te Com- to both . merce Act, as amended, such joint tariffs with rail carriers as shall make generally available the privileges of joint rail and water trans- portation upon terms reasonably fair to both rail and water carriers ; Priva te persons, e tc., and (4) private persons, companies, or corporations engage, or are ready to engage in ready and willing to engage, in common-carrier service on such river common-carrier y willing se rvice. rivers. Lease or sale of trans- "(d) When the Secre tary of War shall find that navigable ch an- po rtati on f acili ties of nels and adequate terminals are substantially available as provided Corporation, or any unit thereof, authorized . in paragraph (c) of this section, and when the Interstate Commerce Commission shall report to the Secretary of War that joint tariffs wit h rail c arriers have bee n publis hed and filed as provide d in sai d paragraph, the Secretary of War is hereby authorized t o lease for operation under private management, or to sell to private persons, companies, or corporations, the transportation facilities, or any unit Provisos. thereof, belonging to the corporation : Provided, That for the purpose Units designated . of this paragraph the facilities of the corporation on the Mississippi Riv er and i ts tribu taries s hall be consider ed one u nit, and those o n Restriction on sale, the Warrior River and its tributaries as one unit : Provided further, etc. That the facilities of the corporation shall not be sold or leased (1) to To carrier by rail . any carrier by rail or to any person or company directly or indirectly If no satisfactory connected with any carrier by rail ; or (2) to any person, company, or assurance g iven for corporation who shall not give satisfactory assurance and agree, as mn on- tfnui ca rr servi s ier service. part of the consideration for such sale or lease, that the facilities so sold or leased will be continued in the common-carrier service in a ma nner sub stantial ly simil ar to th e servic e render ed by th e corpor a- tion, together with ample security by bond or otherwise to insure the Until fair value as- f aith ful perf orma nce of s uch agre emen t ; or (3 ) until the same has certa ined, etc., and President approves been appraised and the fair value thereof ascertained and reported sale, etc, to the President by the Interstate Commerce Commission, and the sale or lease thereof has been approved by the President.

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