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[80

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Public Law 89-667 October 15, 1966

[H, R. 698]

Guadalupe Mountains National Park, Texas.

Land acquisition, etc.

Publication in Federal Register.

Preferential rights to reconveyance.

AN ACT To provide for the establishment of the Guadalupe Mountains National Park in the 'State of Texas, and for other purposes.

Be it eimcted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to preserve in public ownership an area in the State of Texas possessing outstanding geological values together with scenic and other natural values of great significance, the Secretary of the Interior shall establish the Guadalupe Mountains National Park, consisting of the land and interests in land within the area shown on the drawing entitled "Proposed Guadalupe Mountains National Park, Texas", numbered S A GM-7100C and dated February 1965, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior. Notwithstanding the foregoing, however, the Secretary shall omit from the park sections 7 and 17, P.S.L. Block 121, in Hudspeth County, and revise the boundaries of the park accordingly if the owner of said sections agrees, on behalf of himself, his heirs and assigns that there will not be erected thereon any structure which, in the judgment of the Secretary, adversely affects the public use and enjoyment of the park. SEC. 2. (a) Within the boundaries of the Guadalupe Mountains National Park, the Secretary of the Interior may acquire land or interests therein by donation, purchase with donated or appropriated funds, exchange, or m such other manner as he deems to be in the public interest. Any property, or interest therein, owned by the State of Texas, or any political subdivision thereof, may be acquired only with the concurrence of such owner. (b) I n order to facilitate the acquisition of privately owned lands in the park by exchange and avoid the payment of severance costs, the Secretary of the Interior may acquire approximately 4,667 acres of land or interests in land which lie adjacent to or in the vicinity of the park. Land so acquired outside the park boundary may be exchanged Dj the Secretary on an equal-value basis, subject to such terms, conditions, and reservations as he may deem necessary, for privately owned land located within the park. The Secretary may accept cash from or pay cash to the grantor in such exchange in order to equalize the values of the properties exchanged. SEC. 3. (a) When title to all privately owned land within the boundary of the park, subject to such outstanding interests, rights, and easements as the Secretary determines are not objectionable, with the exception of approximately 4,574 acres which are planned to be acquired by exchange, is vested in the United States and after the State of Texas has donated or agreed to donate to the United States whatever rights and interests in minerals underlying the lands within the boundaries of the park it may have and other owners of such rights and interests have donated or agreed to donate the same to the United States, notice thereof and notice of the establishment of the Guadalupe Mountains National Park shall be published in the Federal Register. Thereafter, the Secretary may continue to acquire the remaining land and interests in land within the boundaries of the park. The Secretary is authorized, pending establishment of the park, to negotiate and acquire options for the purchase of lands and interests in land within the boundaries of the park. H e is further authorized to execute contracts for the purchase of such lands and interests, but the liability of the United States under any such contract shall be contingent on the availability of appropriated or donated funds to fulfill the same. (b) I n the event said lands or any part thereof cease to be used for national park purposes, the persons (including the State of Texas)

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who donated to the United States rights and interests in minerals in the lands within the park shall be given notice, in accordance with regulations to be prescribed by the Secretary, of their preferential right to a reconveyance, without consideration, of the respective rights and interests in minerals which they donated to the United States. Such notice shall be in a form reasonably calculated to give actual notice to those entitled to such preferential right, and shall provide for a period of not less than one hundred and eighty days within which to exercise such preferential right. The preferential right to such reconveyance shall inure to the benefit of the successors, heirs, devisees, or assigns of such persons having such preferential right to a reconveyance, and such successors, heirs, devisees, or assigns shall be given the notice provided for in this subsection. (c) Such rights and interests in minerals, including all minerals Lands withdrawn of whatever nature, in and underlying the lands within the boundaries '^°'" ®^^"^^" of the park and which are acquired by the United States under the provisions of this Act are hereby withdrawn from leasing and are hereby excluded from the application of the present or future provisions of the Mineral Leasing Act for Acquired Lands (Aug. 7, 1947, c. 513, 61 Stat. 913) or other Act in lieu thereof having the same 3o use 351 note. purpose, and the same are hereby also excluded from the provisions of all present and future laws affecting the sale of surplus property or of said mineral interests acquired pursuant to this Act by the United States or any department or agency thereof, except that, it such person having such preferential right to a reconveyance fails or refuses to exercise such preferential right to a reconveyance as provided in subparagraph (b) next above, then this subsection (c) shall not be applicable to the rights and interests in such minerals in the identical lands of such person so failing or refusing to exercise such preferential right to a reconveyance from and after the one hundred and eightyday period referred to in subparagraph (b) next above. (d) If at any time in the future an Act of Congress provides that ^^^51"''^",^"^'"^^ the national welfare or an emergency requires the development and production of the minerals underlying the lands within the boundaries of the national park, or any portion thereof, and such Act of Congress, notwithstanding the provisions of subsection (c) of th's section or any other Act, authorizes the Secretary to lease said land for the purpose of drilling, mining, developing, and producing said minerals, the Secretary shall give the persons (including the State of Texas) who donated such minerals to the United States notice of their preferential right to lease, without consideration, all or any part of the respective rights and interests in minerals which they donated to the United States, subject to such terms and conditions as the Secretary may prescribe. Such preferential right shall inure to the benefit of the suc-. cessors or assigns, and of the heirs or devisees of such persons having such preferential right in the premises. The persons entitled to a preferential right under this subsection shall be given the same notice thereof as persons entitled to preferential rights under subsection (b) of this section. If such person having such preferential right fails or refuses to exercise such right within the time specified in the above notice, the Secretary may thereafter lease the minerals involved to any other person under such terms and conditions as he may prescribe. (e) If at an;^ time oil, gas, or other minerals should be discovered tn^/t "Jafj^n'^°"" and produced in commercial quantities from lands outside of the agreement. boundaries of the park, thereby causing drainage of oil, gas, or other minerals from lands within the boundaries of the park, and if the Secretary participates in a communitization agreement or takes other action to protect the rights of the United States, the proceeds, if any, derived from such agreement or action shall inure to the benefit of the

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Administration.

Availability of certain funds.

Appropriation.

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donors of the oil, gas, or other minerals, or their successors, heirs, devisees, or assigns. SEC. 4. The Guadalupe Mountains National P a r k shall be administered by the Secretary of the Interior in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), as amended and supplemented. SEC. 5. Any funds available for the purpose of administering the five thousand six hundred and thirty-two acres of lands previously donated to the United States in Culberson County, Texas, shall upon establishment of the Guadalupe Mountains National P a r k pursuant to this Act be available to the Secretary for purposes of such park. SEC. 6. There are hereby authorized to be appropriated such sums, but not more than $1,800,000 in all, as may be necessary for the acquisition of lands and interest in lands, and not more than $10,362,000, as may be necessary for the development of the Guadalupe Mountains National Park. Approved October 15, 1966.

Public Law 89-668 October 15, 1966

[H. R. 8678]

Pictured Rocks National Lakeshore, Mich. Establishment.

Publication in Federal Register.

Pictured Rocks National Lakeshore Advisory Commission.

AN

ACT

rpQ establish in the State of Michigan the Pictured Rocks National Lakeshore, and for other purposes.

Be it enacted by the Senate amd House of Representatives of the United States of America in Congress assembled, That, in order to preserve for the benefit, inspiration, education, recreational use, and enjoyment of the public a significant portion of the diminishing shoreline of the United States and its related geographic and scientific features, the Secretary of the Interior (hereinafter referred to-as the "Secretary") is authorized to take appropriate action, as herein provided, to establish in the State of Michigan the Pictured Kocks National Lakeshore. SEC. 2. The area comprising that particular land and water depicted on the map identified as "Proposed Pictured Rocks National Lakeshore, United States Department of the Interior, National P a r k Service, Boundary Map, NL-PE-TlOOA, July 1966", which is on file and available for public inspection in the office of the National P a r k Service of the Department of the Interior, is hereby designated for establishment as the Pictured Rocks National Lakeshore. ^ n exact copy of such map shall be filed for publication in the Federal Register within thirty days following the date of enactment of this Act. SEC. 3. As soon as practicable after the date of enactment of this Act and following the acquisition by the Secretary of an acreage within the boundaries of the area which in his opinion is efficiently administrable for the purposes of this Act, he shall establish the Pictured Rocks National Lakeshore by publication of notice thereof in the Federal Register. SEC. 4. (a) There is hereby established a Pictured Rocks National Lakeshore Advisory Commission. Said commission shall terminate ten years after the date the lakeshore is established pursuant to this Act. (b) The commission shall be composed of five members, each appointed for a term of two years by the Secretary, as follows: (1) Two members to be appointed from recommendations made by the county in which the lakeshore is situated;

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(2) Two members to be appointed from recommendations made by the Governor of the State of Michigan; and (3) One member to be designated by the Secretary. (c) The Secretary shall designate one member to be chairman. Anjy vacancy in the commission shall be filled in the same manner in which the original appointment was made. (d) Members of the commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the commission in carrying out its responsibilities under this Act on vouchers signed by the chairman. (e) The Secretary or his designee shall, from time to time, consult with the commission with respect to the matters relating to the development of the Pictured Rocks National Lakeshore. SEC. 5. I n administering the lakeshore the Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with the applicable laws of the United States and of Michigan. The Secretary, after consultation with the Michigan Department of Conservation, may designate zones and establish periods where and when no hunting shall be permitted for reasons of public safety, administration, or public UvSe and enjoyment. The Secretary shall, after consultation with such department, issue regulations, consistent with this section, as he may determine necessary to carry out the purposes of this section. SEC. 6. (a) The administration, protection, and development of the Pictured Rocks National Lakeshore shall be exercised by the Secreretary, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented, relating to the areas administered and supervised by the Secretary through the National P a r k Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he fi^ds such authority will further the purposes of this Act. (b) I n the administration, protection, and development of the lakeshore, the Secretary shall prepare and implement a land and water use management plan, which shall include specific provision for— (1) development of facilities to provide the benefits of public recreation, including a scenic shoreline drive; (2) protection of scenic, scientific, and historic features contributing to public enjoyment; and (3) such protection, management, and utilization (subject to the provisions of sections 9 and 10 of this Act) of renewable natural resources, including forage and forest products, as in the judgment of the Secretary is consistent with, and does not significantly impair public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment. SEC. 7. Nothing in this Act shall be construed as prohibiting any governmental jurisdiction in the State of Michigan from assessing taxes upon any interest in real estate retained under the provisions of section 11 of this Act to the owner of such interest. SEC. 8. (a) The Secretary is authorized, subject to the limitations, conditions, and restrictions imposed by this Act, to acquire the land, water, and other property, and improvements thereon, and any interests therein (including easements) within the boundary described in section 2 of this Act by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or condemnation; except that such authority to acquire by condemnation shall be exercised only in the manner and to the extent specifically authorized in this Act.

923

f ^" ^^ ^""^ ^ "* " '^ *"^'

Administration.

^^^'^^^"j^'^""" °^

property, etc. "'"""'"•'" "*''

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Preservation of shoreline, etc.

"Inland buffer

Boundary map, filing with Federal Register.

"Improved property."

PUBLIC LAW 89-668-OCT. 15, 1966

[80

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(b) I n exercising his authority to acquire property under this Act, the Secretary shall give immediate and careful consideration to any offer made by an individual owning property within the lakeshore to sell such property to the Secretary. I n considering any such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property. (c) Any property or interests therein, owned by the State of Michigan, or any political subdivisions thereof, may be acquired only by donation. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this Act. (d) The Secretary shall make every reasonable effort to acquire property through negotiation and purchase. Where agreement is not reached and condemnation proceedings are filed, the owner of such property shall be paid the fair market value thereof as determined in such proceedings. (e) Nothing in this Act shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances. (f) I n exercising his authority to acquire property by exchange the Secretary may accept title to any non-Federal property within the area designated by section 2 of this Act for inclusion in the lakeshore, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Michigan which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately ec^uol or, if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. SEC. 9. (a) The area hereinafter described in subsection (b) of this section is hereby established as an inland buffer zone in order to stabilize and protect the existing character and uses of the lands, waters, and other properties within such zone for the purpose of preserving the setting of the shoreline and lakes, protecting the watersheds and streams, and providing for the fullest economic utilization of the renewable resources through sustained yield timber management and other resource management compatible with the purposes of this Act. (b) As used in this Act, the term "inland buffer zone" means that part of the lakeshore delineated as such on the map identified as "Proposed Pictured Eocks National Lakeshore, United States Department of the Interior, National P a r k Service, Boundary Map, N L - P R 7100A, July, 1966". The Secretary shall file the map with the Office of the Federal Register, and it may also be examined in the Offices of the Department of the Interior. SEC. 10. The Secretary shall be prohibited from acquiring by condemnation any (1^ improved property within the inland buffer zone, or (2) property within the inland buffer zone during all times when, in his judgment, such property is being used (A) for the growing and harvesting of timber under a scientific program of selective cutting and forest management, or (B) for commercial purposes, if such commercial purposes are the same such purposes for which such property is being used on December 31, 1964, so long as the use of such improved or other property would further the purposes of this Act and such use does not impair the usefulness and attractiveness of the lakeshore. (b) As used in this Act, the term "improved property" shall mean any one-family dwelling on which construction was begun before December 31, 1964, together with so much of the land on which the

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dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling. SEC. 11. (a) Any owner or owners of improved property on the date Noncommercial of its acquisition by the Secretary may, as a condition to such acquisi- stoLi^""^^ '"^°'''" tion, retain, for a term of not to exceed twenty-five years, or for a term ending at the death of such owner or owners, the right of use and occupancy of such property for any residential purpose which is not incompatible with the purposes of this Act or which does not impair the usefulness and attractiveness of the area designated for inclusion. The Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. Where any such owner retains a right of use and occupancy as herein provided, such right during its existence may be conveyed or leased for noncommercial residential purposes in accordance with the provisions of this section. (b) Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, shall jjrovide that such property shall not be used for any purpose which is incompatible with purposes of this Act, or which impairs the usefulness and attractiveness of the lakeshore and if it should be so used, the Secretary shall have authority to terminate such right. I n the event the Secretary exercises his power of termination under this subsection he shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination. (c) Any land acquired by the Secretary under this Act on which. Leasing authorthere is situated a cottage or hunting lodge which, on December 31, '*^' 1964, was under lease to any lessee or lessees shall, if such lease is in effect on the date such land is so acquired, be acquired by the Secretary subject to such lease and the right of such lessee or lessees to continue using the property covered by such lease in accordance with the provisions thereof. Upon the expiration of such lease, the Secretary shall have the authority to enter into a lease with such lessee or lessees authorizing them to continue using such cottage or lodge (as the case may be) for a term of not to exceed twenty-five years, or for a term ending at the death of such lessee or lessees, subject to such conditions as may be prescribed by the Secretary. SEC. 12. The Secretary shall, at the request of any township or z°ni"B bylaws. county in or adjacent to the lakeshore affected by this Act, assist and consult with the appropriate officers and employees of such township or county in establishing zoning bylaws. Such assistance may include payments to the county or township for technical aid. SEC. 13. The Secretary shall furnish to any interested person requesting the same a certificate indicating, with respect to any property which the Secretary has been prohibited from acquiring by condemnation in accordance with provisions of this Act, that such authority is prohibited and the reasons therefor. SEC. 14. There are hereby authorized to be appropriated not more Appropriation. than $6,873,000 for the acquisition of lands and interests in land in connection with, and not more than $6,348,000 for development of, the Pictured Rocks National Lakeshore. Approved October 15, 1966.

65-300 0-67—61

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[80

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Public Law 89-669 October 15, 1966 [H. R. 9424]

Fish and wildlife. Conservation and protection.

39 Stat. 1702; 50 Stat. 1311. 56 Stat. 1354.

Endangered species.

Publication in Federal Register.

45 Stat. 1222; 70 Stat. 1119; 60 Stat. 1080. 16 USC 715, 742a note, 661 note.

AN ACT To provide for the conservation, protection, and propagation of native species of fish and vs^ildlife, including migratory birds, that are threatened with extinction; to consolidate the authorities relating to the administration by the Secretary of the Interior of the National Wildlife Refuge System; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Congress finds and declares that one of the unfortunate consequences of growth and development in the United States has been the extermination of some native species of fish and wildlife; that serious losses in other species of native wild animals with educational, historical, recreational, and scientific value have occurred and are occurring; and that the United States has pledged itself, pursuant to migratory bird treaties with Canada and Mexico and the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, to conserve and protect, where practicable, the various species of native fish and wildlife, including game and nongame migratory birds, that are threatened with extinction. The purposes of this Act are to provide a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife, including migratory birds, that are threatened with extinction, and to consolidate, restate, and modify the present authorities relating to administration by the Secretary of the Interior of the National Wildlife Eefuge System. (b) I t is further declared to be the policy of Congress that the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense, together with the heads of bureaus, agencies, and services within their departments, shall seek to protect species of native fish and wildlife, including migratory birds, that are threatened with extinction, and, insofar as is practicable and consistent with the primary purposes of such bureaus, agencies, and services, shall preserve the habitats of such threatened species on lands under their jurisdiction. (c) A species of native fish and wildlife shall be regarded as threatened with extinction whenever the Secretary of the Interior finds, after consultation with the affected States, that its existence is endangered because its habitat is threatened with destruction, drastic modification, or severe curtailment, or because of overexploitation, disease, predation, or because of other factors, and that its survival requires assistance. In addition to consulting with the States, the Secretary shall, from time to time, seek the advice and recommendations of interested persons and organizations including, but not limited to, ornithologists, ichthyologists, ecologists, herpetologists, and mammalogists. He shall publish in the Federal Register the names of the species of native fish and wildlife found to be threatened with extinction in accordance with this paragraph. SEC. 2. (a) The Secretary of the Interior shall utilize the land acquisition and other authorities of the Migratory Bird Conservation Act, as amended, the Fish and Wildlife Act of 1956, as amended, and the Fish and Wildlife Coordination Act to carry out a program in the United States of conserving, protecting, restoring, and propagating selected species of native fish and wildlife that are threatened with extinction.

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(b) In addition to the land acquisition authorities in such Acts, the Secretary is hereby authorized to acquire by purchase, donation, or otherwise, lands or interests therein needed to carry out the purpose of this Act relating to the conservation, protection, restoration, and propagation of selected species of native fish that are threatened with extinction. (c) Funds made available pursuant to the Land and Water Con16 servation Fund Act of 1965 (78 Stat. 897) may be used for the purpose not eu s e 460/-4 . of acquiring lands, waters, or interests therein pursuant to this section that are needed for the purpose of conserving, protecting, restoring, and propagating selected species of native fish and wildlife, including migratory birds, that are threatened with extinction. Not to exceed $5,000,000 may be appropriated annually pursuant to that Act for such purpose for any fiscal year, and the total sum appropriated for such purpose shall not exceed $15,000,000: Provided, That the Secretary shall, to the greatest extent possible, utilize funds from the Land and Water Conservation Fund Act of 1965 for such purpose. Such sums shall remain available until expended. The Secretary shall not use more than $750,000 to acquire lands, waters, or interests therein for any one area for such purpose unless authorized by Act of Congress. (d) The Secretary shall review other programs administered by him and, to the extent practicable, utilize such programs in furtherance of the purpose of this Act. The Secretary shall also encourage other Federal agencies to utilize, where practicable, their authorities in furtherance of the purpose of this Act and shall consult with and assist such agencies in carrying out endangered species program. SEC. 3. (a) I n carrying out the program authorized by this Act, the Cooperation with States. Secretary shall cooperate to the maximum extent practicable with the several States. Such cooperation shall include consultation before the acj^uisition of any land for the purpose of conserving, protecting, restoring, or propagating any endangered species of native fish and wildlife. (b) The Secretary may enter into agreements with the States for the administration and management of any area established for the conservation, protection, restoration, and propagation of endangered species of native fish and wildlife. Any revenues derived from the administration of such areas under these agreements shall be subject to the provisions of section 401 of the Act of June 15, 1935 (49 Stat. 78 Stat. 7 0 1. 383), as amended (16 U.S.C. 715s). ..«„onax w " National WildSEC. 4. (a) For the purpose of consolidating the authorities relating life'iTe'fugrsy to the various categories of areas that are administered by the Secre- tem." tary of the Interior for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife managejnent areas, or waterfowl production areas are hereby designated as the "National Wildlife Kefuge System" (referred to herein as the "System"), which shall be subject to the provisions of this section. Nothing contained in this Act shall restrict the authority of the Secretary to modify or revoke public land withdrawals affecting lands in the System as presently constituted, or as it may be constituted, whenever he determines that such action is consistent with the public interest. Administration. (b) I n administering the System, the Secretary is authorized— (1) to enter into contracts with any person or public or private agency through negotiation for the provision of public accommodations when, and in such locations, and to the extent that the

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Prohibited activities.

Use of areas.

Penalties.

PUBLIC LAW 89-669-OCT. 15, 1966

[80

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Secretary determines will not be inconsistent "svith the prinuiry purpose for which the affected area was established. (2) to accept donations of funds and to use such funds to acquire or manage lands or interests therein, and (3) to acquire lands or interests therein by exchange (a) for acquired lands or public lands under his jurisdiction which he finds suitable for disposition, or (b) for the right to remove, in accordance with such terms and conditions as the Secretary may prescribe, products from the acquired or public lands withm the System. The values of the properties so exchanged either shall be approximately equal^ or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. (c) No person shall knowingly disturb, injure, cut, burn, remove, destroy, or possess any real or personal property of the United States, including natural growth, in any area of the System; or take or possess any fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof within any such area; or enter, use, or otherwise occupy any such area for any purpose; unless such activities are performed by persons authorized to manage such area, or unless such activities are permitted either under subsection (d) of this section or by express provision of the law, proclamation. Executive order, or public land order establishing the area, or amendment thereof: Provided, That the United States mining and mineral leasing laws shall continue to apply to any lands within the System to the same extent they apply prior to the effective date of this Act unless subsequently withdrawn under other authority of law. Nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or fishing of resident fish and wildlife, including endangered species thereof, on lands not within the System. The regulations permitting hunting and fishing of resident fish and wildlife within the System shall be, to the extent practicable, consistent with State fish and wildlife laws and regulations. The provisions of this Act shall not be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations in any area within the System. (d) The Secretary is authorized, under such regulations as he may prescribe, to— (1) permit the use of any area within the System for any purpose, including but not limited to hunting, fishing, public recreation and accommodations, and access whenever he determines that such uses are compatible with the major purposes for which such areas were established: Provided, That not to exceed 40 per centum at any one time of any area that has been, or hereafter may be acquired, reserved, or set apart as an inviolate sanctuary for migratory birds, under any law, proclamation. Executive order, or public land order may oe administered by the Secretary as an area within which the taking of migratory game birds may be permitted under such regulations as he may prescribe; and (2) permit the use 6f, or grant easements in, over, across, upon, through, or under any areas within the System for purposes such as but not necessarily limited to, powerlines, telephone lines, canals, ditches, pipelines, and roads, including the construction, operation, and maintenance thereof, whenever he determines that such uses are compatible with the purposes for which these areas are established. (e^ Any person who violates or fails to comply with any of the provisions of this Act or any regulations issued thereunder shall be

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STAT.]

PUBLIC LAW 89-669-OCT. 15, 1966

fined not more than $500 or be imprisoned not more tlian six months, or both. (f) Any person authorized by the Secretary of the Interior to enforce the provisions of this Act or any regulations issued thereunder, may, without a warrant, arrest any person violating this Act or regulations in his presence or view, and may execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations, and may with a search warrant search for and seize any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof, taken or possessed in violation of this Act or the regulations issued thereunder. Any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or egg thereof seized with or without a search warrant shall be held by such person or by a United States marshal, and upon conviction, shall be forfeited to the United States and disposed of by the court. (g) Regulations applicable to areas of the System that are in effect on the date of enactment of this Act shall continue in effect until modified or rescinded. (h) Nothing in this section shall be construed to amend, repeal, or otherwise modify the provision of the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460K—460K-4) which authorizes the Secretary of the Interior to administer the areas within the System for public recreation. The provisions of this section relating to recreation shall be administered in accordance with the provisions of said Act. (i) Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. SEC. 5. (a) The term "person" as used in this Act means any individual, partnership, corporation, or association. (b) The terms "take" or "taking" or "taken" as used in this Act mean to pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill. (c) The terms "State" and the "United States" as used in this Act mean the several States of the United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam. SEC. 6. Section 4(b) of the Act of March 16, 1934 (48 Stat. 451), as amended (16 U.S.C. 7 l 8 d (b)), is further amended by changing the colon after the word "areas" to a period and striking the provisos, which relate to hunting at certain wildlife refuges and which are now covered by section 4 of this Act. SEC. 7. (a) Sections 4 and 12 of the Migratory Bird Conservation Act (45 Stat. 1222), as amended (16 U.S.C. 7l5c and 715k), are further amended by deleting the word "game" wherever it appears. (b) Section 10 of the Migratory Bird Conservation Act (45 Stat. 1224), as amended (16 U.S.C. 7l5i), which relates to the administration of certain wildlife refuges, is amended to read as follows: "SEC. 10. (a) Areas of lands, waters, or interests therein acquired or reserved pursuant to this Act shall, unless otherwise provided by law, be administered by the Secretary of the Interior under rules and regulations prescribed by him to conserve and protect migratory birds in accordance with treaty obligations with Mexico and Canada, and other species of wildlife found thereon, including species that are threatened with extinction, and to restore or develop adequate wildlife habitat.

929

Enforcement.

Definitions.

72 Stat. 486.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/966

 930

45 Stat. 1224.

^^p^^^-

^^P^^^-

78 Stat. 701.

16 USC 460k. othe7wUdLfe"f preservation.'

71 Stat. 413.

PUBLIC LAW 89-669-OCT. 15, 1966

[80 STAT.

" (b) I n administering such areas, the Secretary is authorized to manage timber, range, and agricultural crops; to manage other species of animals, including but not limited to fenced range animals, with the objectives of perpetuating, distributing, and utilizing the resources; and to enter into agreements with public and private agencies." (c) Section 11 of the Migratory Bird Conservation Act (45 Stat. 1224) (16 U.S.C. 7l5j) is amended by striking the period at the end thereof and adding the following: "(39 Stat. 1702) and the treaty between the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936 (50 Stat. 1311)." (d) Sections 13 and 14 of the Migratory Bird Conservation Act (45 Stat. 1225), as amended (16 U.S.C. 7151 and 7l5m), which provide for the enforcement of said Act and for penalties for violations thereof and which are covered by section 4 of this Act, are repealed. SEC. 8. (a) Sections 302 and 303 of title III of the Act of June 15, 1935 (49 Stat. 382), as amended (16 U.S.C. 7 l 5 d - l and 7l5d-2), which authorize exchanges at wildlife refuges and which are covered by section 4 of this Act, are repealed. (b) The last sentence of section 401(a) of the Act of June 15, 1935 (49 Stat. 383), as amended (16 U.S.C. 7l5s), is amended by inserting after the term "wildlife refuges", the following: "lands acquired or reserved for the protection and conservation of fish and wildlife that are threatened with extinction,". SEC. 9. The first clause in section 1 of the Act of September 28, i9g2 (76 Stat. 653), is amended by deleting the words "national wildlife refuges, game ranges," and inserting therein "areas within the National Wildlife Refuge System,". S^c- 10. (a) The first sentence in section 1 of the Act of August 22, 1957 (7l Stat. 412; 16 U.S.C. 696), is amended to read as follows: "SEC. 1. I n order to protect and preserve in the national interest the key deer and other wildlife resources in the Florida Keys, the Secretary of the Interior is authorized to acquire by purchase, lease, exchange, and donations, including the use of donated funds, such lands or interests therein in townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe County, Florida, as he shall find to be suitable for the conservation and management of the said key deer and other wildlife: Provided, That no lands within a one thousand-foot zone adjacent to either side of United States Highway Numbered 1 in Monroe County shall be acquired for the Key Deer National Wildlife Refuge by condemnation. The Secretary, m the exercise of his exchange authority, may accept title to any non-Federal property in townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe County, Florida, and in exchange therefor convey to the grantor of such property any federally owned property in the State of Florida under his jurisdiction which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require." (b) Section 3 of such Act of August 22, 1957 (16 U.S.C. 696b), is amended by striking out the second and third sentences and inserting in lieu thereof the following: "The Secretary shall not utilize more than $2,035,000 from appropriated funds for the acquisition of land and interests in land for the purposes of this Act." Approved October 15, 1966o

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PUBLIC LAW 89-670-OCT. 15, 1966

931

Public Law 89-670 AN ACT To establish a Department of Transportation, and for other purposes.

October 15, 1966 [H. R. 15963]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be °* cited as the "Department of Transportation Act". AC^!^ DECLARATION OF PURPOSE

SEC. 2. (a) The Congress hereby declares that the general welfare, the economic growth and stability of the Nation and its security require the development of national transportation policies and programs conducive to the provision of fast, safe, efficient, and convenient transportation at the lowest cost consistent therewith and with other national objectives, including the efficient utilization and conservation of the Nation's resources. (b)(1) The Congress therefore finds that the establishment of a Department of Transportation is necessary in the public interest and to assure the coordinated, effective administration of the transportation programs of the Federal Government; to facilitate the development and improvement of coordinated transportation service, to be provided by private enterprise to the maximum extent feasible; to encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested parties toward the achievement of national transportation objectives; to stimulate technological advances in transportation; to provide general leadership in the identification and solution of transportation problems; and to develop and recommend to the President and the Congress for approval national transportation policies and programs to accomplish these objectives with full and appropriate consideration of the needs of the public, users, carriers, industry, labor, and the national defense. (2) I t is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. ESTABLISHMENT OF DEPARTMENT

SEC. 3. (a) There is hereby established at the seat of government an executive department to be known as the Department of Transportation (hereafter referred to in this Act as the "Department"). There secretary. shall be at the head of the Department a Secretary of Transportation (hereafter referred to in this Act as the "Secretary"), who shall l>e appointed by the President, by and with the advice and consent of the Senate. (b) There shall be in the Department an Under Secretary, who shall U"'^^'" secrebe appointed by the President, by and with the advice and consent of *^'^^' the Senate. The Under Secretary (or, during the absence or disability of the Under Secretary, or in the event of a vacancy in the office of Under Secretary, an Assistant Secretary or the General Counsel, determined according to such order as the Secretary shall prescribe) shall act for, and exercise the powers of the Secretary, during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary. The Under Secretary shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (c) There shall be in the Department four Assistant Secretaries taJes'^^^nefaT'^^' and a General Counsel, who shall be appointed by the President, by cTounse?^"^"

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932

A s s i s t a n t Secretary for Administration.

Administrations,

Federal Aviation Administrator, qualifications

49 USC 1341 note. Coast Guard.

Transfer of powers prohibited.

Ante, p. 393. National Traffic Safety Bureau.

Ante,

p. 463.

National Highway Safety Bureau,

[80 STAT.

and with the advice and consent of the Senate, and who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (d) There shall be in the Department an Assistant Secretary for Administration, who shall be appointed, with the approval of the President, by the Secretary under the classified civil service who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (e)(1) There is hereby established within the Department a Federal Highway Administration; a Federal Eailroad Administration; and a Federal Aviation Administration. Each of these components shall be headed by an Administrator, and in the case of the Federal Aviation Administration there shall also be a Deputy Administrator. The Administrators and the Deputy Federal Aviation Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (2) The qualifications of the Administrator of the Federal Aviation Agency specified in section 301(b) of the Federal Aviation Act of 1958, as amended (72 Stat. 744; 49 U.S.C. 1341), and the qualifications and status of the Deputy Administrator specified in section 302(b) of the Federal Aviation Act of 1958, as amended.(72 Stat. 744; 49 U.S.C. 1342), shall apply, respectively, to the Administrator and Deputy Administrator of the Federal Aviation Administration. However, nothing in this Act shall be construed to preclude the appointment of the present Administrator of the Federal Aviation Agency as Administrator of the Federal Aviation Administration in accordance with the provisions of the Act of June 22, 1965, as amended (79 Stat. I 7 l). (3) In addition to such functions, powers, and duties as are specified in this Act to be carried out by the Administrators, the Administrators and the Commandant of the Coast Guard shall carry out such additional functions, powers, and duties as the Secretary may prescribe. The Administrators and the Commandant of the Coast Guard shall report directly to the Secretary. (4) The functions, powers, and duties specified in this Act to be carried out by each Administrator shall not be transferred elsewhere in the Department unless specifically provided for by reorganization plan submitted pursuant to provisions of chapter 9 of title 5, United States Code, or by statute. (f)(1) The Secretary shall carry out the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718) through a National Traffic Safety Bureau (hereafter referred to in this paragraph as "Bureau"), which he shall establish in the Department of Transportation. The Bureau shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate prescribed for level V of the Executive Schedule. All other provisions of the National Traffic and Motor Vehicle Safety Act of 1966 shall apply. (2) The Secretary shall carry out the provisions of the Highway Safety Act of 1966 (80 Stat. 731) (including chapter 4 of title 23 of the United States Code) through a National Highway Safety Bureau (hereafter referred to in this paragraph as "Bureau"), which he shall establish in the Department of Transportation. The Bureau shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate, who shall be compensated at the rate prescribed for level V of the Executive Schedule. All other provisions of the Highway Safety Act of 1966 shall apply. (3) The President is authorized, as provided in section 201 of the Highway Safety Act of 1966, to carry out the provisions of the

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PUBLIC LAW 89-670-OCT. 15, 1966

933

National Traffic and Motor Vehicle Safety Act of 1966 through the ^ ' « ' P- ^'SBureau and Director authorized by section 201 of the Highway Safety Act of 1966. ^"'«. p- 731. (4) The office of Federal Highway Administrator, created by section p^^^c'Road^s 303 of title 23, United States Code, is hereby transferred to and con- 75 Stat. 822; tinned within the Department under the title Director of Public Roads. 78 Stat. 425. The Director shall be the operating head of the Bureau of Public Roads, or any other agency created within the Department to carry out the primary functions carried out immediately before the effective date of this Act by the Bureau of Public Roads. GENERAL PROVISIONS

SEC. 4. (a) The Secretary in carrying out the purposes of this Act shall, among his responsibilities, exercise leadership under the direction of the President in transportation matters, including those affecting the national defense and those involving national or regional emergencies; provide leadership in the development of national transportation policies and programs, and make recommendations to the President and the Congress for their consideration and implementation; promote and undertake development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation; consult and cooperate with the Secretary of Labor in gathering information regarding the status of labor-management contracts and other labormanagement problems and in promoting industrial harmony and stable employment conditions in all modes of transportation; promote and undertake research and development relating to transportation, including noise abatement, with particular attention to aircraft noise; consult with the heads of other Federal departments and agencies on the transportation requirements of the Government, including the procurement of transportation or the operation of their own transport services in order to encourage them to establish and observe policies consistent with the maintenance of a coordinated transportation system; and consult and cooperate with State and local governments, carriers, labor, and other interested parties, including, when appropriate, holding informal public hearings. (b)(1) I n carrying out his duties and responsibilities under this Act, the Secretary shall be governed by all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301 et seq.); the national transportation policy of the Interstate Commerce Act, as amended (49 U.S.C. preceding §§ 1, 301, 901, and 1001); title 23, United States Code, relating to Federal-aid highways; and title 14 U.S.C., titles L II and L III of the Revised Statutes (46 U.S.C. chs. 2A, 7, 11, 14, 15, and 18), the Act of April 25, 1940, as amended (54 Stat. 163; 46 U.S.C. 526-526u), and the Act of September 2, 1958, as amended (72 Stat. 1754; 46 U. S. C 527-527h), relating to the United States Coast Guard. (2) Nothing in this Act shall be construed to authorize, without appropriate action by Congress, the adoption, revision, or implementation of— (A) any transportation policy, or (B) any investment standards or criteria. (3) I n exercising the functions, powers, and duties conferred on and transferred to the Secretary by this Act, the Secretary shall give full consideration to the need for operational continuity of the functions transferred, to the need for effectiveness and safety in transportation systems, and to the needs of the national defense. (c) Orders and actions of the Secretary or the National Transportation Safety Board in the exercise of functions, powers, and duties

Duties of Secretary.

7 2 Stat. 731. 24 Stat. 379. 72 Stat. 885. 23 USC 101-131

63 stlT. 4V5'.

Judicial review

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Safety records of applicants, investigation.

Transportation activities. Cooperation with HUD Secretary.

Reports to President and Congress.

PUBLIC LAW 89-670-OCT. 15, 1966

[80

STAT.

transferred under this Act, and orders and actions of the Administrators pursuant to the functions, powers, and duties specifically assigned to them by this Act, shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the department or agency exercising such functions, powers, and duties immediately preceding their transfer. Any statutory requirements relating to notice, hearmgs, action upon the record, or administrative review that apply to any function transferred by this Act shall apply to the exercise of such functions by the Secretary, the Administrators, or the National Transportation Safety Board. (d) I n the exercise of the functions, powers, and duties transferred under this Act, the Secretary, the Administrators, and the National Transportation Safety Board shall have the same authority as that vested in the department or agency exercising such functions, powers, and duties immediately preceding their transfer, and their actions in exercising such functions, powers, and duties shall have the same force and effect as when exercised by such department or agency. (e) I t shall be the duty of the Secretary— (1) to promptly investigate the safety compliance records in the Department of each applicant seeking operating authority from the Interstate Commerce Commission (referred to in this subsection as the "Commission") and to report his findings to the Commission; (2) when the safety record of an applicant for permanent operating authority, or for approval of a proposed transaction involving transfer of operating authority, fails to satisfy the Secretary, to intervene and present evidence of such applicant's fitness in Commission proceedings; (3) to furnish promptly upon request of the Commission a statement regarding the safety record of any applicant seeking temporary operating authority from the Commission; and (4)(A) to furnish upon request of the Commission a complete report of the safety compliance of any carrier, (B) to have made such additional inspections or safety compliance surveys which the Commission deems necessary or desirable in order to process an application or to determine the fitness of a carrier, and (C) if the Commission so requests, to intervene and present evidence in any proceeding in which a determination of fitness is required. (f) The Secretary shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed. After the effective date of this Act, the Secretary shall not approve any program or project which requires the use of any land from a public park, recreation area, wildlife and waterfowl reiuge, or historic site unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use. (g) The Secretary and the Secretary of Housing and Urban Development shall consult and exchange information regarding their respective transportation policies and activities; carry on joint planning, research and other activities; and coordinate assistance for local transportation projects. They shall jointly study how Federal policies and programs can assure that urban transportation systems most effectively serve both national transportation needs and the comprehensively planned development of urban areas. They shall, within one year after the effective date of this Act, and annually thereafter, report to the President, for submission to the Congress, on their studies

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PUBLIC LAW 89-670-OCT. 15, 1966

935

and other activities under this subsection, including any legislative recommendations which they determine to be desirable. The Secretary and the Secretary of Housing and Urban Development shall study and report within one year after the effective date of this Act to the President and the Congress on the logical and efficient organization and location of urban mass transportation functions in the Executive Branch. N A T I O N A L TRANSPORTATION SAFETY BOARD

SEC. 5. (a) There is hereby established within the Department a National Transportation Safety Board (referred to hereafter in this" Act as "Board"). (b) There are hereby transferred to, and it shall be the duty of the duties. Board to exercise, the functions, powers, and duties transferred to the Secretary by sections 6 and 8 of this Act with regard to— (1) determining the cause or probable cause of transportation accidents and reporting the facts, conditions, and circumstances relating to such accidents; and (2) reviewing on appeal the suspension, amendment, modification, revocation, or denial of any certificate or license issued by the Secretary or by an Administrator, (c) The Board shall exercise the functions, powers, and duties relating to aircraft accident investigations transferred to the Secretary by section 6(d) of this Act. (d) The Board is further authorized to— (1) make such recommendations to the Secretary or Administrators on the basis of the exercise of its functions, powers, and duties which, in its opinion, will tend to prevent transportation accidents and promote transportation safety; (2) conduct special studies on matters pertaining to safety in transportation and the prevention of accidents; (3) insure that in cases in which it is required to determine cause or probable cause, reports of investigation adequately state the circumstances of the accident involved; (4) initiate on its own motion or conduct rail, highway, or pipeline accident investigations as the Board deems necessary or appropriate; (5) make recommendations to the Secretary or Administrators concerning rules, regulations, and procedures for the conduct of accident investigations; (6) request the Secretary or Administrators to initiate specific accident investigations or conduct further investigations as the Board determines to be necessary or appropriate; (7) arrange for the personal participation of members or other ersonnel of the Board in accident investigations conducted by the ecretary or Administrators in such cases as it deems appropriate; and (8) request from the Secretary or Administrators notification of transportation accidents and reports of such accidents as the Board deems necessary. (e) Except as otherwise provided by statute, the Board shall make et<f ^^v'^iiabli-^' public all reports, orders, decisions, rules, and regulations issued pur- uy." ^""^^ ^ suant to sections 5(b)(1) and 5(b)(2), and the Board shall also make public— (1) every recommendation made to the Secretary or an Administrator; (2) every special study conducted; and (3) every action of the Board requesting the Secretary or an Administrator to take Eiction, pursuant to section 5(d)(1), (2), (3), (5), (6), or (8).

P

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Report to Congress.

Membership.

Terms of office.

Chairman, V i c e Chairman.

Subpena power, etc.

Delegation of functions; exceptions.

PUBLIC LAW 89-670-OCT. 15, 1966

[80 STAT.

(f) I n the exercise of its functions, powers, and duties, the Board shall be independent of the Secretary and the other offices and officers of the Department. (g) The Board shall report to the Congress annually on the conduct of its functions under this Act and the effectiveness of accident investigations in the Department, together with such recommendations for legislation as it may deem appropriate. (h) The Board shall consist of five members to be appointed by the President, by and with the advice and consent of the Senate. No more than three members of the Board shall be of the same political party. Members of the Board shall be appointed with due regard to their fitness for the efficient dispatch of the functions, powers, and duties vested in and imposed upon the Board, and may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (i) Members of the Board shall be appointed for terms of five years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appomted shall be appointed only for the remainder of such term, and (2) the five members first appointed shall serve for terms (designated by the President at the time of appointment) ending on the last day of the first, second, third, fourth, and fifth calendar years beginning after the year of enactment of this Act. Upon the expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. (j) The President shall designate from time to time one of the members of the Board as Chairman and one of the members as Vice Chairman, who shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman. The Chairman shall be the chief executive and administrative officer of the Board and shall exercise the responsibility of the Board with respect to (1) the appointment and supervision of personnel employed by the Board; (2) the distribution of business among the Board's personnel; and (3) the use and expenditure of funds. I n executing and administering the functions of the Board on its behalf, the Chairman shall be governed by the general policies of the Board and by its decisions, findings, and determinations. Three of the members shall constitute a quorum of the Board. (k) The Board is authorized to establish such rules, regulations, and procedures as are necessary to the exercise of its functions. (1) I n carrying out its functions, the Board (or, upon the authorization of the Board, any member thereof or any hearing examiner assigned to or employed by the Board) shall have the same powers as are vested in the Secretary to hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States it may designate. (m) The Board may delegate to any officer or official of the Board, or, with the approval of the Secretary, to any officer or official of the Department such of its functions as it may deem appropriate, except that— (1) with respect to aviation, the proviso in section 701(g) of the Federal Aviation Act of 1958, as amended (72 Stat. 782; 49 U.S.C. 1441 (g)) shall apply to the Secretary, the Federal Aviation Administrator and their representatives, and (2) the Board shall not delegate the appellate or determination of probable cause functions transferred to it by section 6(d) of this Act. (n) Subject to the civil service and classification laws, the Board is authorized to select, appoint, employ, and fix compensation of such

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PUBLIC LAW 89-670-OCT. 15, 1966

937

officers and employees, inchiding- investigators, attorneys and hearing examiners, as shall be necessary to carry out its powers and duties under this Act. (o) The Board is authorized, on a reimbursable basis when appro- cooperation l)riate, to use the available services, equipment, personnel, and facili- ^es.° ^' ^^^"" ties of the Department and of other civilian or military agencies and instrumentalities of the Federal Government, and to cooperate with the Department and such other agencies and instrumentalities in the establishment and use of services, equipment, and facilities of the Board. The Board is further authorized to confer with and avail itself of the cooperation, services, records, and facilities of State, territorial, municipal, or other local agencies. TRANSFERS TO DEPARTMENT

SEC. 6. (a) There are hereby transferred to and vested in the Sec- ^"^^^'^''^ ^^' retary all functions, powers, and duties of the Secretary of Commerce and other offices and officers of the Department of Commerce under— (1) the following laws and provisions of law relating generally to highways: (A) Title 23, United State Code, as amended. ^2 Stat. sss. (B) The Federal-Aid Highway Act of 1966 (80 Stat. 766). (C) The Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145; 23 U.S.C. 307 note). (D) The Act of July 14, 1960, as amended (74 Stat. 526; 23 U.S.C. 313 note). ^ te, p. 730. (E) The Federal-Aid Highway Act of 1954, as amended (68 Stat. 70). (F) The Act of September 26, 1961, as amended (75 Stat. 670). (G) The Highway Revenue Act of 1956, as amended (70 Stat. 387; 23 U.S.C. 120 note). (H) The Highway Beautification Act of 1965, as amended (79 Stat. 1028; 23 U.S.C. 131 et seq. notes). 23 USC ue (I) The Alaska Omnibus Act, as amended (73 Stat. 141; "°'^' 48 U.S.C. 21 note p r e c). (J) The Joint Resolution of August 28, 1965, as amended (79 Stat. 578; 23 U.S.C. 101 et seq. notes). (K) Section 502(c) of the General Bridge Act of 1946, as amended (60 Stat. 847; 33 U.S.C. 525(c)). (L) The Act of April 27, 1962, as amended (76 Stat. 59). (M) Reorganization Plan No. 7 of 1949 (63 Stat. 1070; 5 U.S.C. 133Z-15 note). (2) the following laws and provisions of law relating generally to ground transportation: (A) The Act of September 30, 1965, as amended (79 Stat. 893; 49 U.S.C. 1631 etseq.). (B) The Urban Mass Transportation Act of 1964, as amended (78 Stat. 306, 49 U.S.C. 1607). (3) the following laws and provisions of law relating generally to aircraft: (A) The Act of September 7, 1957, as amended (71 Stat. 629; 49 U.S.C. 1324 note). (B) Section 410 of the Federal Aviation Act of 1958, as amended (72 Stat. 769; 49 U.S.C. 1380). (C) Title X III of the Federal Aviation Act of 1958, as amended (72 Stat. 800; 49 U.S.C. 1531 et seq.). ^"'^' P- i'^^-

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 938

75 Stat. 789; 76 Stat. 863; Ante, p. 262.

Coast Guard.

63 Stat. 496. General Counsel. 70A Stat. 36. 10 USC 801-940. Federal Aviation Agency.

49 USC 13471350, 13S3-13S5, 1501, 1505, 1511, 1421-1430, 1 4 4 1 1443, 1471-1474, 1521-1523. 49 USC 1303.

Civil Aeronaut i c s Board.

PUBLIC LAW 89-670-OCT. 15, 1966

[80 STAT.

(4) the following law relating generally to pilotage: The Great Lakes Pilotage Act of 1960, as amended (74 Stat. 259; 46 U.S.C. 216etseq.). (5) the following law to the extent it authorizes scientific and professional positions which relate primarily to functions transferred by this subsection: The Act of August 1, 1947, as amended ( 6 1 Stat. 7 l 5; 5 y. S. C. 1161). (6) the following laws relating generally to traffic and highway safety: (A) The National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718). (B) The Highway Safety Act of 1966 (80 Stat. 731). (b)(1) The Coast Guard is hereby transferred to the Department, and there are hereby transferred to and vested in the Secretary all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury. (2) Notwithstanding the transfer of the Coast Guard to the Department and the transfer to the Secretary of the functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury, effected by the provisions of paragraph (1) of this subsection, the Coast Guard, together with the functions, powers, and duties relating thereto, shall operate as a part of the Navy, subject to the orders of the Secretary oi the Navy, m time of war or when the President shall so direct, as provided in section 3 of title 14, United States Code, as amended. (3) Notwithstanding any other provision of this Act, the functions, powei"S, and duties of the General Counsel of the Department of the Treasury set out in chapter 47 of title 10, United States Code, as amended (Uniform Code of Military Justice), are hereby transferred to and vested in the General Counsel of the Department. (c)(1) There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Federal Aviation Agency, and of the Administrator and other officers and offices thereof, including the development and construction of a civil supersonic aircraft: Provided, however, That there are hereby transferred to the Federal Aviation Administrator, and it shall be his duty to exercise the functions, powders, and duties of the Secretary pertaining to aviation safety as set forth in sections 306, 307, 308, 309, 312, 313, 314, 1101, 1105, and 1111, and titles VI, VII, IX, and X II of the Federal Aviation Act of 1958, as amended. I n exercising these enumerated functions, powers, and duties, the Administrator shall be guided by the declaration of policy in section 103 of the Federal Aviation Act of 1958, as amended. Decisions of the Federal Aviation Administrator made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection to be exercised by the Administrator shall be administratively final, and appeals as authorized by law or this Act shall be taken directly to the National Transportation Safety Board or to the courts, as appropriate. (2) Nothing in this Act shall affect the powder of the President under section 302(e) of the Federal Aviation Act of 1958 (72 Stiit. 746, 49 U.S.C. 1343(c)) to transfer, to the Department of Defense in the event of war, any functions transferred by this Act from the Federal Aviation Agency. (d) There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Civil Aeronautics Board, and of the Chairman, members, officers, and offices thereof under titles VI (72 Stat. 775; 5 U.S.C. 1421 et seq.) and VII (72 Stat. 781; 49 U.S.C. 1441 et seq.) of the Federal Aviation Act of 1958, as amended: Pro-

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cided^ however, That these functions, powers, and duties are hereby transferred to and shall be exercised by the National Transportation Safety Board. Decisions of the National Transportation Safety Board made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection shall be administratively final, and appeals as authorized by law or this Act shall be taken directly to the courts. (e) There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Interstate (commerce Commission, and of the Chairman, members, officers, and offices thereof, under— (1) the following laws relating generally to safety appliances and equipment on railroad engines and cars, and protection of employees and travelers: (A) The Act of March 2, 1893, as amended (27 Stat. 531: 45 U.S.C. l e t s e q.). (B) The Act of March 2, 1903, as amended (32 Stat. 943; 45 U.S.C. S e t s e q.). (C) The Act of April 14, 1910, as amended (36 Stat. 298; 45 U.S.C. 11 et seq.). (D) The Act of* May 30, 1908, as amended (35 Stat. 476; 45 U.S.C. 17 et seq.). (E) The Act of February 17, 1911, as amended (36 Stat. 913; 45 U.S.C. 22 et seq.). (F) The Act of March 4, 1915, as amended (38 Stat. 1192; 45 U.S.C. 30).

939

Interstate Commerce Commis-

^3 Stat. 659. 54 Stat. 148.

(G) Eeorganization Plan No. 3 of 1965 (79 Stat. 1320). J^^usc lasz-is (H) Joint Resolution of June 30, 1906, as amended (34 Stat. 838; 45 U.S.C. 35). (I) The Act of May 27, 1908, as amended (35 Stat. 325; 45 U.S.C. 36et seq.). (J) The Act of March 4, 1909, as amended (35 Stat. 965; 45 U.S.C. 37). (K) The Act of May 6, 1910, as amended (36 Stat. 350; 45 U.S.C. 38et_seq.). 74 Stat. 903. (2) the following law relating generally to hours of service of employees: The Act of March 4, 1907, as amended (34 Stat. 1415; 45 U.S.C. 6 1 e t s e q.). (3) the following law relating generally to medals for heroism: The Act of February 23, 1905, as amended (33 Stat. 743; 49 U.S.C. 1201 et seq.]. ... 71 Stat. 69. (4) the following provisions of law relating generally to explosives and other dangerous articles: Sections 831-835 of title 18, United States Code, as amended. 79^sta!r*2;S*' (5) the following laws relating generally to standard time zones and daylight saving time: (A) The Act of March 19, 1918, as amended (40 Stat. 450; 15 U.S.C. 261 et seq.). ^"'^' P- ^°«(B) The Act of March 4, 1921, as amended (41 Stat. 1446; 15 U.S.C. 265). (C) The Uniform Time Act of 1966, as amended (80 Stat. 107). (6) the following provisions of the Interstate Commerce Act, as amended— (A) relating generally to safety appliances methods and systems: Section 25 (49 U.S.C. 26). so Stat. 835; ^ (B) relating generally to investigation of motor vehicle ^'^ ^'^*" ^ ^^' sizes, weights, and service of employees: Section 226 (49 U.S.C. 325).^

_49 Stat^566;

(C) relating generally to qualifications and maximum hours of service of employees and safety of operation and

54 s t a t. 929.

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PUBLIC LAW 89-670-OCT. 15, 1966

[80 STAT.

equipment: Sections 204(a)(1) and (2), to the extent that they relate to qualifications and maximum hours of service of employees and safety of operation and equipment; and 70 Stat. 958. sections 204(a)(3), (3a), and (5) (49 U.S.C. 304). (D) to the extent they relate to private carriers of property by motor vehicle and carriers of migrant workers by motor 68 Stat. 5 26. vehidle other than contract carriers: Sections 221(a), 221 (c), 52 Stat. 1240. and 224 (49 U.S.C. 321 et seq.). (f)(1) Nothing in subsection (e) shall diminish the functions, powers, and duties of the Interstate Commerce Commission under sections 1(6), 206, 207, 209, 210a, 212, and 216 of the Interstate Com41 Stat. 475; merce Act,.as amended (49 U.S.C. 1(6), 306 et seq.), or under any 49 Stat. 551; 52 Stat. 1238. othcr section of that Act not specifically referred to in subsection (e), (2)(A) With respect to any function which is transferred to the Secretary by subsection (e) and which was vested in the Interstate Commerce Commission preceding such transfer, the Secretary shall have the same administrative powers under the Interstate Commerce Act as the Commission had before such transfer with respect to such transferred function. After such transfer, the Commission may exercise its administrative powers under the Interstate Commerce Act only with respect to those of its functions not transferred by subsection (e). Definitions. (B) For purposes of this paragraph— (i) the term "function" includes power and duty, and (ii) the term "administrative powers under the Interstate Commerce Act" means.any functions under the following provisions of the Interstate Commerce Act, as amended: Sections 12, 13(1), 13(2), 14, 16(12), the last sentence of 18(1), sections 20 (except clauses (3), (4), (11), and (12) thereof), 204(a)(6) and (7), 204(c), 204(d), 205(d), 205(f), 220 (except subsection (c) and the proviso of subsection (a) thereof), 222 (except subsections (b)(2) and (b)(3) thereof), and 417(b)(1) (49 U.S.C. 12 et seq., 304 et seq., and 1017). Federal Railroad (3)(A) The Federal Railroad Administrator shall carry out the Administrator. functions, powers, and duties of the Secretary pertaining to railroad and pipeline safety as set forth in the statutes transferred to the Secretary by subsection (e) of this section, Admfn^tralof'^^''. (B) the Federal Highway Administrator shall Carry out the fuuctions, powers, and duties of the Secretary pertaining to motor carrier safety as set forth in the statutes transferred to the Secretary by subsection (e) of this section. (C) Decisions of the Federal Railroad Administrator.and the Federal Highway Administrator (i) which are made pursuant to the exercise of the functions, powers, and duties enumerated in subparagraphs (A) and (B) of this paragraph to be carried out by the Administrators, and (ii) which involve notice and hearing required by law, shall be administratively final, and appeals as authorized by law or this Act shall be taken directly to the National Transportation Safety Board or the courts, as appropriate. th^!\rm''"^"* °^ (^) There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Secretary of the Army and other officers and offices of the Department of the Army under— (1) the following law and provisions of law relating generally to water vessel anchorages: (A) Section 7 of the Act of March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C. 471). (B) Article 11 of section 1 of the Act of June 7, 1897, as amended (30 Stat. 98; 33 U.S.C. 180). (C) Rule 9 of section 1 of the Act of February 8, 1895, as amended (28 Stat. 647; 33 U.S.C. 258).

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941

(D) Eule numbered 13 of section 4233 of the Revised Statutes, as amended (33 U.S.C. 322). (2) the following provision of law relating generally to drawbridge operating regulations: Section 5 of the Act of August 18, 1894, as amended (28 Stat. 362; 33 U.S.C. 499). (3) the following law relating generally to obstructive bridges: The Act of June 21, 1940, as amended (54 Stat. 497; 33 U.S.C. 511 eb seq.). (4) the following laws and provisions of law relating generally to the reasonableness of tolls: (A) Section 4 of the Act of March 23, 1906, as amended (34 Stat. 85; 33 U.S.C. 494). (B) Section 503 of the General Bridge Act of 1946, as amended (60 Stat. 847; 33 U.S.C. 526). (C) Section 17,of the Act of June 10, 1930, as amended (46 Stat. 552; 33 U.S.C. 498a). (D) The Act of June 27, 1930, as amended (46 Stat. 821; 33 U.S.C. 498b). (E) The Act of August 21, 1935, as amended (49 Stat. 670; 33 U.S.C. 503 et seq.). (5) the following law relating to prevention of pollution of the sea by oil: The Oil Pollution Act, 1961, as amended (75 Stat. 402; 33 U.S.C. 1001 et seq.). (6) the following laws and provision of law to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States: (A) Section 9 of the Act of March 3, 1899, as amended, (30 Stat. 1151; 33 U.S.C. 401). (B) The Act of March 23, 1906, as amended (34 Stat. 84; 33 U.S.C. 491 et seq.). (C) The General Bridge Act of 1946; as amended (60 Stat. 847; 33 U.S.C. 525 etseq.). (h) The provisions of subchapter II of chapter 5 and of chapter 7 of litle 5, United States Code, shall be applicable to proceedings by the Ante, pp.asi, Department and any of the administrations or boards within the De- ^^ ^' partment established by this Aot except that notwithstanding this or any other provision of this Act, the transfer of functions, powders, and duties to the Secretary or any other officer in the Department shall not include functions vested by subchapter II of chapter 5 of title 5, United States Code, in hearing examiners employed by any department, agency, or component thereof whose functions are transferred under the provisions of this Act. (i) The administration of the Alaska Railroad, established pursuant to the Act of March 12, 1914, as amended (38 Stat. 308), and all of the functions authorized to be carried out by the Secretary of the Interior pursuant to Executive Order Numbered" 11107, April 25, 1963 (28 F.R, 4225), relative to the operation of said Railroad, are hereby transferred.ggo^p^' ^^^^" to and vested in the Secretary of Transportation who shall exercise the ygy, °"^" ^' same authority with respect thereto as is now exercised by the Secretary of the Interior pursuant to said Executive order. TRANSPORTATIOX INVESTMENT STANDARDS

SEC. 7. (a) The Secretary, subject to the provisions of section 4 of this Act, shall develop and from time to time in the light of experience revise standards and criteria consistent with national transportation policies, for the formulation and economic evaluation of all proposals for the investment of Federal funds in transportation facilities or equipment, except such proposals as are concerned with (1) the acquisition of transportation facilities or equipment by Federal agencies in 65-300 0-67—62

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PUBLIC LAW 89-670-OCT. 15, 1966

[80 STAT.

providing transportation services for their own use; (2) an interoceanic canal located outside the contiguous United States; (3) defense features included at the direction of the Department of Defense in the design and construction of civil air, sea, and land transportation; (4) programs of foreign assistance; (5) water resource projects; or (6) grant-in-aid programs authorized by law. The standards and criteria developed or revised pursuant to this subsection shall be promulgated by the Secretary upon their approval by the Congress. strndard^^""'^'^^^' '^^^ staudards and criteria for economic evaluation of water resource projects shall be developed by the Water Resources Council established 42 USC i^96^2a ^^ Public Law 89-80. For the purpose of such standards and criteria, the primary direct navigation benefits of a water resource project are defined as the product of the savings to shippers using the waterway and the estimated traffic that would use the waterway; where the savings to shippers shall be construed to mean the difference between (a) the freight rates or charges prevailing at the time of the study for the movement by the alternative means and (b) those which would be charged on the proposed waterway; and where the estimate of traffic that would use the waterway will be based on such freight rates, taking into account projections of the economic growth of the area. The Water Resources Council established under section 101 of Public Law 89-80 is hereby expanded to include the Secretary of Transportation on matters pertaining to navigation features of water resource projects. (b) Every survey, plan, or report formulated by a Federal agency which includes a proposal as to which the Secretary has promulgated standards and criteria pursuant to subsection (a) shall be (1) prepared in accord with such standards and criteria and upon the basis of information furnished by the Secretary with respect to projected growth of transportation needs and traffic in the affected area, the relative efficiency of various modes of transport, the available transportation services in the area, and the general effect of the proposed investment on existing modes, and on the regional and national economy; (2) coordinated by the proposing agency with the Secretary and, as appropriate, with other Federal agencies, States, and local units of government for inclusion of his and their views and comments; and (3) transmitted thereafter by the proposing agency to the President for disposition in accord with law and procedures established by him. AMENDMENTS TO OTHER L A W S

^^40 USC app.

SEC. 8. (a) Section 406(b) of the Federal Aviation Act of 1958, as amended (72 Stat. 763; 49 U.S.C. 1376(b)), is amended by adding the following sentence at the end thereof: " I n applying clause (3) of this subsection, the Board shall take into consideration any standards and criteria prescribed by the Secretary of Transportation, for determining the character and quality of transportation required for the commerce of the United States and the national defense." (b) Section 201 of the Appalachian Regional Development Act (,f 1965^ as amended (79 Stat. 10; 40 U.S.C. App. 206) is amended as follows: (1) The first sentence of subsectioti (a) of that section is amended b}- striking the words "Commerce (hereafter in this section referred to as the 'Secretary')" and inserting in lieu thereof "Transportation". (2) The last sentence of subsection (a) of that section is amended by inserting after the word "Secretary", the words "of Transportation". (3) Subsection (b) of that section is amended by inserting after the word "Secretary", the words "of Commerce".

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PUBLIC LAW 8 9 - 6 7 0 - O C T. 15, 1966

943

(4) Subsection (c) of that section is amended by striking the first ^9 Stat. ii. sentence and inserting in lieu thereof the following sentence: "Such aol*! ^^^ ^^^' recommendations as are approved by the Secretary of Commerce shall be transmitted to the Secretary of Transportation for his approval." (5) The second sentence of subsection (c) of that section is amended by inserting after the word "Secretary" the words "of Transportation". (6) Subsection (e) of that section is amended by inserting after the word "Secretary" the words "of Transportation". (7) Subsection (f) of that section is amended by inserting after the word "Secretary", the words "of Commerce and the Secretary of Transportation". Subsection (f) of that section is further amended by strncing the word "determines" and inserting in lieu thereof "determine". (8) Subsection (g) of that section is amended by striking the period at the end thereof,and.adding the following: "to the Secretary of Commerce, who shall transfer funds to the Secretary of Transportation for adminstration of projects approved by both Secretaries." (c) Section 206(c) of the Appalachian Kegional Development Act of 1965, as amended (79 Stat. 15; 40 U.S.C. App. 206), is amended by inserting after "Interior," the words "Secretary or Transportation,". (d) Section 212(a) of the Interstate Commerce Act, as amended (49 Stat. 555), is amended by striking "of the Commission" the second, ^2 Stat. 1238. third, and fourth times those words occur. (e) Section 13(b)(1) of the F a i r Labor Standards Act of 1938, as amended (52 Stat. 1067), is amended by striking the words "Inter- ^g use 2^^3 state Commerce Commission" and inserting in lieu thereof "Secretary of Transportation". (f) The second sentence of section 3 of the Federal Explosives Act, as amended (40 Stat. 386; 50 U.S.C. 123) is amended to read as follows: ^e Stat. 1022. "This Act shall not apply to explosives or ingredients which are in transit upon vessels, railroad cars, aircraft, or other conveyances in conformity with statutory law or with the rules and regulations of the Secretary of Transportation." (g)(1) Section 1 of the Act of May 13, 1954, as amended (68 Stat. 93; 33 U.S.C. 981), is amended to read as follows: "SECTION 1. There is hereby created, subject to the direction and supervision of the Secretary of Transportation, a body corporate to be known as the Saint Lawrence Seaway Development Corporation (hereinafter referred to as the 'Corporation')." (2) Notwithstanding any other provision of this Act, the Administrator of the Saint Lawrence Seaway Development Corporation shall report directly to the Secretary. (h) Section 201 of the Highway Safety Act of 1966 (80 Stat. 731) is amended by striking the words "Federal Highway Administrator" and inserting in lieu thereof the words "Director of Public Roads", by striking the word "Agency" wherever it occurs in such section and inserting in lieu thereof the word "Bureau", and by striking "an Administrator" or "Administrator", wherever appearing therein, and inserting in lieu thereof "a Director" or "Director", respectively. (i) Section 115 of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718) is amended by striking the word "Agency" wherever it occurs in such section and inserting in lieu thereof the word "Bureau", and by striking the word "Administrator" wherever it occurs in such section and inserting in lieu thereof the word "Director". (j) Section 3(a) of the Marine Resources and Engineering Development Act of 1966 (80 Stat. 204) is amended by striking the words "the Treasury" and inserting in lieu thereof "Transportation".

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 944 Ante, p. 829.

PUBLIC LAW 89-67Q-OCT. 15, 1966

Experts and consultants. Ante, p. 416. Detail of military p e r s o n n e l to Departmenti.

Report to cong r e s s i o n a l committees.

Delegation and redelegation of functions.

STAT.

(k) Section 2(e) of the Act of September 22, 1966, Public Law 89599, is amended by striking the words "of Commerce" and inserting in lieu thereof the words "of Transportation". ADMINISTRATIVE

Appointment of personnel.

[80

PROVISIONS

SEC. 9. (a) I n addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department, the Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including investigators, attorneys, and hearing examiners, as are necessary to carry out the provisions of this Act and to prescribe their authority and duties. (b) The Secretary may obtain services as authorized by section 3109 of title 5 of the United States Code, but at rates not to exceed $100 per diem for individuals unless otherwise specified in an appropriation Act. (c) The Secretary is authorized to provide for participation of military personnel in carrying out the functions of the Department. Members of the Army, the Navy, the Air Force, or the Marine Corps may be detailed for service in the Department by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation. (d)(1) Appointment, detail, or assignment to, acceptance of, and service in any appointive or other position in the Department under the authority of section 9(c) and section 9(p) shall in no way affect status, office, rank, or grade which officers or enlisted men may occupy or hold or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, nor shall any member so appointed, detailed, or assigned be charged against any statutory limitation on grades or strengths applicable to the Armed Forces. A person so appointed, detailed, or assigned shall not be subject to direction by or control by his armed force or any officer thereof directly or indirectly with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned. (2) The Secretary shall report annually in writing to the appropriate committees of the Congress on personnel appointed and agreements entered into under subsection (c) of this section, including the number, rank, and positions of members of the armed services detailed pursuant thereto. (e)(1) Except where this Act vests in any administration, agency or board, specific functions, powers, and duties, the Secretary may, in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this Act, delegate any of his residual functions, powers and duties to such officers and employees of the Department as he may designate, may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, l)owers, and duties. (2) I n addition to the authority to delegate and redelegate contained in any other Act, in the exercise of the functions transferred to or specified by this Act to be carried out by any officer in the Department, such officer may delegate any of such functions, powers, and duties to such other officers and employees of the Department as he may designate; may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable; and may make such rules and regulations as may be necessary to carry out such functions, powers, and duties.

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(3) The Administrators established by section 3(e) of this Act may not delegate any of the statutory duties and responsibilities specifically assigned to them by this Act outside of their respective administrations. Federal Avia(f) The personnel, assets, liabilities, contracts, property, records, tion Agency, and unexpended balances of appropriations, authorizations, alloca- transfer of functions, and other funds employed, held, used, arising from, available or Jons etc. to be made available, of the Federal Aviation Agency, and of the head and other officers and offices thereof, are hereby transferred to the Secretary: Provided, howe'ver^ That the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available, or to be made available in carrying out the duties and functions transferred by this Act to the Secretary which are specified by this Act to be carried out by the Federal Aviation Administrator shall be assigned by the Secretary to the Federal Aviation Administrator for these purposes. Civil Aeronau(g) So much of the positions, personnel, assets, liabilities, contracts, tics Board, transproperty, records, and unexpended balances of appropriations, author- fer of functions, izations, allocations, and other funds employed, held, used, arising etc. from, available or to be made available in connection with the functions, powers, and duties transferred by sections 6 (except section 6(c)) and 8 (d) and (e) of this Act as the Director of the Bureau of the Budget shall determine shall be transferred to the Secretary: Provided, however, That the positions, personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available, or to be made available, by the Civil Aeronautics Board in carrying out the duties transferred by this Act to be exercised by the National Transportation Safety Board shall be transferred to the National Transportation Safety Board. Except as provided in subsection (h), personnel engaged in functions, powers, and duties transferred under this Act shall be transferred in accordance with applicable laws and regulations relating to transfer of functions. (h) The transfer of personnel pursuant to subsections (f) and (g) of this section shall be without reduction in classification or compensation for one year after such transfer. (i) I n any case where all of the functions, powers, and duties of any ofCompensation transferred office or agency, other than the Coast Guard, are transferred pursuant personnel. to this Act, such office or agency shall lapse. Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule, and who, without a break in service, is appointed in the Department to a position having duties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less than the rate provided for his previous position, for the duration of his service in his new position. Working capital (j) The Secretary is authorized to establish a working capital fund, fund, establishto be available without fiscal year limitation, for expenses necessary for ment. the maintenance and operation of such common administrative services as he shall find to be desirable in the interest of economy and efficiency in the Department, including such services as a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; central messenger, mail, telephone, and other communications services; office space, central services for document reproduction, and for graphics and visual aids; and a central library service. The capital of the fund shall consist of any appropriations made for the purpose of providing capital (which appropriations are hereby authorized) and the fair and reasonable value of such

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