EXHIBIT 33 FLORIDA WATERWAYS ASSOCIATION RESOLUTION Whereas the President of the United States has proposed that there be a Department of Transportation to operate under the direction of a Secretary of Transportation who would be a member of the Cabinet, and Whereas there has been introduced into the Congress Senate Bill S-3010 for the purpose of creating said Department of Transportation, and Whereas said bill proposes that the Department of Transportation would regulate inland water transportation, including the determination of investment criteria for construction and alterations of inland navigable waterways, and Whereas the United States has developed the most efficient and complete system of inland waterways in the world, and Whereas the nation has prospered because of the economic benefits of said inland waterways, and Whereas over the years prior to November 1964 the investment criteria for the construction and/or alteration for navigable inland waterways was determined by the U.S. Army Corps of Engineers with the approval of the Congress, and said investment criteria was based upon the actual economic benefits to de derived from construction and/or alteration of the individual projects primarily by the lowering of transportation costs of bulk commodities from one point to another versus the project not being built or altered, and Whereas practically all of the projects authorized and constructed under the above criteria have developed benefit/cost ratios far in excess of those originally anticipated and such projects have proven extremely beneficial to the region they serve as well as the nation, and Whereas in November 1964 the investment criteria was changed to reflect a hypothetical savings in transportation not based upon the savings in transportation costs "with the project" versus "without the project.” and Whereas the Florida Waterways Association is an organization whose membership includes over two hundred business and professional men, corporations, local and state governmental organizations, and is dedicated solely to the promo tion of the development of a completely unified inland waterway system for the State of Florida as a part of the national system of inland waterways and is a real necessity for the continued sound economic growth of Florida and the nation, and Whereas the Board of Directors of the Florida Waterways Association composed of two duly elected members from each of Florida's twelve Congressional Districts and three members at large is charged with the responsibility of conducting the business of the Association: Now, therefore, be it Resolved, That the Florida Waterways Association vigorously promote the following two considerations in any legislation or regulations that affect inland water transportation, and that the Florida Delegation in Congress as well as the appropriate Congressional committees be furnished copies of this resolution: 1. If a Department of Transportation is created, that the legislation provide for an Assistant Secretary for Water Transportation who would be charged specifically with the functions of the Department relating to inland water transportation. 2. That the investment criteria for inland navigation projects be determined by the Congress and based upon the true, economic benefits achieved on the basis: "with the project" versus "without the project." Adopted this 8th day of June, 1966, by the Board of Directors of the Florida Waterways Association, Inc., in session in Washington, D.C. Hon. JOHN L. MCCLELLAN, ROBERT B. Fox, President. LEO A. FURLONG, Jr., Executive Secretary. INTERSTATE COMMERCE COMMISSION, Chairman, Government Operations Committee, DEAR CHAIRMAN MCCLELLAN: You will recall that in our testimony before your Committee on the bill (S. 3010) "To establish a Department of Transporta tion" the Commission strongly supported the objectives of the proposed new Department-to which, inter alia, would be transferred our functions relating to car service and motor-rail safety. We reiterate our support at this time and urge early and favorable consideration of this measure of your Committee. During the course of our testimony, however, we indicated that a majority of the Commission could support a decision of the Congress to amend the bill so as to include a transfer of authority to set per diem rates for the use of rail cars. Since that time the car shortage has become even more severe; and, in recognition of the resulting near-crisis situation, the Congress has passed and the President has signed the so-called "Per diem bill" (S. 1098-P.L. 89-430) authorizing the Commission to set per diem rates at an incentive level to encourage better utilization of the existing fleet as well as the acquisition of new cars. This legislation bears an effective date of September 1, 1966; and, in view of the manifest need for prompt and effective action, we are now engaged in an intensive preparatory effort to implement the new legislation. Due process will, of course, require that the parties affected be given an opportunity to be heard before appropriate per diem rates can be placed in force, but we feel the essential processes should be instituted looking toward that end without delay. In these circumstances we now believe the present need for continuity of administration in this vital area would not be served by transfer of per diem functions to a new Department which, of necessity, would devote much of its initial efforts to organizational matters. Rather, we urge that both the incentive and normal per diem powers be retained in the Commission, at least at this time. Sincerely, JOHN W. BUSH, Chairman. STATEMENT SUBMITTED BY DALE J. HENRY, PRESIDENT, KASKASKIA VALLEY ASSOCIATION Mr. Chairman and Members of the Committee: The Kaskaskia Valley Association endorses the amendments to the Bill to Establish A Department of Transportation (S. 3010) as presented to your Committee by the Mississippi Valley Association. The suggested amendments are as submitted by Mr. Arnold Sobel of Chicago, Illinois, President, Mississippi Valley Association in his statement before your Committee on June 28, 1966 and specifically refer to Sections 2, 3, 4(a), 6(a), 6(b), 6(f), 7(a), and 7(b). The Kaskaskia Valley Association thanks the Committee for the opportunity to submit this statement for your consideration. DEAR SENATOR MCCLELLAN: We are enclosing copies of two Resolutions recently passed by this Council which represents thousands of persons interested in marine matters in this county. The one pertains to the proposed Transportation Department and reasons why it is being opposed. The second relates to the Rivers and Harbors Omnibus Bill and why it should be supported. It is hoped you will give consideration to these matters. Sincerely, RAYMOND T. GREENE, EXHIBIT 34 Whereas, there is pending in the United States Senate, Bill S 3010, and in the United States House, Bill H.R. 13200, providing for the formation of a new Cabinet post and Administrative Department covering all modes and phases of transportation, and Whereas, though basically both sides of the marine industry, Labor and Management, think well of the general idea of a new department, all interests however expressed dissatisfaction with some of the organizational features of the proposed legislation, and Whereas, the proposed legislation wherein it specifically refers to maritime matters, does not provide any individualness or independence to the Maritime Administration and would make the executive branch of our government a policymaking body for maritime matters, thus usurping the rightful position of Congress, and Whereas, the proposed legislation is most indefinite as to the role and functions of the United States Coast Guard and the United States Army Corps of Engineers, it fails to include all of the functions of these invaluable marine interests in the newer department to the same extent and scope that now serves the marine industry: Now, therefore, be it Resolved, That the Executive Committee of the Marine Council, Miami-Dade County Chamber of Commerce, in formal meeting unanimously adopted a resolution instructing their president to go on record with the proper and interested parties in both the legislative and executive branches of the federal government expressing their opposition to this proposed legislation. Adopted at Miami, Florida the twenty-sixth day of May, 1966, Marine Council Executive Committee, Miami-Dade County Chamber of Commerce. Attested: RAYMOND T. GREENE, G. B. KAMP, Executive Director, Marine Council. NEW YORK, N.Y., June 3, 1966. Senator JOHN L. MCCLELLAN, Chairman, Senate Government Operations Committee, Washington, D.C.: The National Retail Merchants Association is a trade association for over 1,000 department stores located in all of the different States, having a total annual sales volume exceeding $19 billion. Our Transportation Committee have carefully studied S. 3010 to set up a Department of Transportation. The committee is practically unanimous in endorsing a Department of Transportation as being in the best welfare of our members, consumers, and the transportation industry. As a member of the National Industrial Traffic League, we have made a most careful study of its position and we adopt that position as our own in its entirety. LEONARD MONGEON, Manager, Traffic Group, National Retail Merchants Association. Senator JOHN L. MCCLELLAN, QUACHITA RIVER VALLEY ASSOCIATION, ARKANSAS AND LOUISIANA, Chairman, Committee on Government Operations, DEAR SENATOR: Thank you for the invitation to appear before your Committee when it considers S. 3010, the bill to establish a new Department of Transportstion at the Cabinet level. The Ouachita River Valley Association has gone on record as opposing this legislation as it now stands. We had hoped to have a representative in Washington to appear before your Committee stating this opposition, but so many others have expressed their opinions in opposition, and we agree with those opinions, that we now do not believe we can make the trip to Washington, D.C. to attend the Committee hearings. The Association does want to be recorded as opposing this legislation unless it is drastically amended to protect the waterway interests. We shall appreciate having this information placed in the Committee records. Again thanking you for your offer, I am Sincerely yours, H. K. THATCHER, Executive Vice President. PAT HARRISON WATERWAY DISTRICT, Hon. JOHN L. MCCLELLAN, Chairman, Committee on Government Operations, United States Senate, Washington, D.C. DEAR SENATOR: This is in reply to your appreciated letters of June 7 and May 16 on the proposed Department of Transportation Bill. Please ask your committee staff to read again the second paragraph in my letter to you of May 11, which I quote as follows: "As you may know, the Pat Harrison Waterway District is a pioneering state agency set up by the Mississippi Legislature to coordinate Federal and local interests in the comprehensive development of the water resources of the Pascagoula River Basin. As such, we have found navigation to be a purpose which cannot be separated from other purposes in comprehensive water resources development. While we do not anticipate that the proposed Department of Transportation will work at cross-purposes to existing comprehensive basin development agencies, we think it is imperative that legislation make very clear how the proposed Department of Transportation will mesh with the intent of the Water Resources Planning Act (Public Law 89-80, 89th Congress, July 22, 1965). Agencies representing local interests, such as we do, must depend upon the Congress to clarify rather than confuse the working relationships among Federal agencies in comprehensive and coordinated water resources development.' In line with this general approach, we think that the single purpose of transportation, as such, must be always subservient to larger policy decisions in the field of regional development. This is to say, in other words, that basic decisions governing Federal investment in resource development should remain a Congressional prerogative, since Congress can best reflect the democratic consensus. Once the Congressional intent is clear that certain regions or urban patterns should have priority in development, then a systems analysis approach can develop a program budget allocating investment priorities for such single-purpose components as education, or conservation, or flood control, or pollution abatement, or transportation, etc. We hope, therefore, that the proposed legislation will make clear that any function of a Federal Department of Transportation-whether it be research, capital investment, maintenance and operation, or regulation-must be coordinated with equivalent functions of other Federal agencies in the field of regional development. Unless Federal activities are coordinated, local interests in regional development can not work or plan efficiency. Specifically, we repeat again that "it is imperative that legislation make very clear how the proposed Department of Transportation will mesh with the intent of the Water Resources Planning Act (Public Law 89-80, 89th Congress, July 22, 1965)." We appreciate the caution with which your committee is moving toward new legislation in this complicated field of Federal resource development. We trust this statement reflecting the views of local interests affected by Congressionl action will be helpful. Sincerely, SWEP T. DAVIS, Executive Director-Secretary. BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS Mr. JAMES R. CALLOWAY, Staff Director, Senate Committee on Government Operations, Senate Office Building, Washington, D.C. DEAR MR. CALLOWAY: The Board of Commissioners of the Port of New Orleans has been very much interested in Senate Bill 3010 and, after careful consideration, the Board has passed a resolution opposing the enactment of S. 3010 for a number of reasons as stated in the attached certified copy. The Board is not opposed to the principle of establishing a Department of Transportation at cabinet level, but bases its opposition on objections to the language and the power as covered in the proposed bill in the Senate and the House. The Board would appreciate if its resolution be brought to the attention of the Committee and included in its records and consideration. Very truly yours, Attachment. W. J. AMOSS, Director of the Port. EXHIBIT 35 CERTIFICATION I, Emero S. Stiegman, Assistant Secretary of the Board of Commissioners of the Port of New Orleans, do hereby certify that the following is a true and correct extract from the minutes of the Board adopted at a regular meeting held in the City of New Orleans, State of Louisiana, on April 22, 1966: "Whereas, the Board of Commissioners of the Port of New Orleans (hereinafter called Board), after careful consideration of S. 3010, a bill to establish a cabinet level Department of Transportation of the United States of America finds that the proposed bill in its present form fails to properly and adequately recognize the importance and necessity of the Maritime Administration to the United States; and "Whereas, the Board further finds the bill to be so broad as to be an unwarranted abrogation of legislative responsibility to the executive branch; and "Whereas, the Board further finds that Section 7 of the bill is completely objectionable in that it conflicts with and could effectively erode the powers the Congress has previously conferred on several agencies of government and be lieves that careful study may reveal many more serious conflicts with still other existing statutes involving the investment of government funds in projects related to transportation; and "Whereas, the Board further finds that as presently stated the language of S. 3010 fails to provide essential restraints or controls to protect the constitutional responsibilities delegated to the Congress: Now, therefore, be it "Resolved, the Board of Commissioners of the Port of New Orleans must record itself as strongly opposed to the enactment of S. 3010 or similarly worded legislation, as being contrary to the welfare and best interests of the people of the United States and the maintenance and expansion of its essential waterborne commerce and trade." Witness my hand and the seal of this Board, on this 15th day of June, 1966. Hon. JOHN L. MCCLELLAN, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Chairman, Government Operations Committee, U.S. SENATE, June 7, 1966. MY DEAR MR. CHAIRMAN: Enclosed is a self-explanatory letter I received from Mr. J. Eldon Opheim, General Manager of the Port of Seattle, concerning S. 3010. I would very much appreciate having Mr. Opheim's letter included in the hearing record on this bill. Sincerely yours, HENRY M. JACKSON, U.S. Senator. PORT OF SEATTLE, Seattle, Wash., May 31, 1966. Hon. HENRY M. JACKSON, Washington, D.C. DEAR SENATOR JACKSON: The Port of Seattle is interested in proposed legislation-S. 3010-which would create a Department of Transportation at Cabinet level. This interest stems from the Port's ownership of airline and marine terminal facilities as well as our close working relationship with the railroads and motor carriers. We have examined the content of S. 3010 as well as various statements made by government and industry officials regarding the effect of this measure. Due |