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delivering, handling, or storing property at its marine ter-
minal. The schedule shall be enforceable as an implied
contract, without proof of actual knowledge of its provi-
sions, for any activity by the marine terminal operator
that is taken to—
‘‘(1) efficiently transfer property between trans-
portation modes;
‘‘(2) protect property from damage or loss;
‘‘(3) comply with any governmental require-
ment; or
‘‘(4) store property in excess of the terms of
any other contract or agreement, if any, entered into
by the marine terminal operator.’’.
(b) CLERICAL AMENDMENT.—The table of contents
contained in the first section of such Act (46 U.S.C. App.
1701) is amended by adding at the end the following:
‘‘Sec. 24. Marine terminal operator schedules.’’.
CHAPTER 2—CONTROLLED CARRIERS
AMENDMENTS
SEC. 10231. CONTROLLED CARRIERS.
Effective June 1, 1997, section 9 of the Shipping Act
of 1984 (46 U.S.C. App. 1708) is amended—
(1)(A) in the first sentence of subsection (a)—
(i) by striking ‘‘in its tariffs or service con-
tracts filed with the Commission’’; and
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(ii) by striking ‘‘in those tariffs or service
contracts’’; and
(B) in the last sentence of subsection (a) by
striking ‘‘filed by a controlled carrier’’;
(2) in paragraphs (1) and (2) of subsection (b)
by striking ‘‘filed’’ and inserting ‘‘published’’;
(3) in subsection (c) by striking the first sen-
tence;
(4) by striking subsection (d) and inserting the
following:
‘‘(d) Within 120 days of the receipt of information
requested by the Secretary under this section, the Sec-
retary shall determine whether the rates, charges, classi-
fications, rules, or regulations of a controlled carrier may
be unjust and unreasonable. If so, the Secretary shall
issue an order to the controlled carrier to show cause why
those rates, charges, classifications, rules, or regulations
should not be approved. Pending a determination, the Sec-
retary may suspend the rates, charges, classifications,
rules, or regulations at any time. No period of suspension
may be greater than 180 days. Whenever the Secretary
has suspended any rates, charges, classifications, rules, or
regulations under this subsection, the affected carrier may
publish and, after notification to the Secretary, assess new
rates, charges, classifications, rules, or regulations—ex-
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cept that the Secretary may reject the new rates, charges,
classifications, rules, or regulations if the Secretary deter-
mines that they are unreasonable.’’;
(5) in subsection (f) by striking ‘‘This’’ and in-
serting ‘‘Subject to subsection (g), this’’; and
(6) by adding at the end the following:
‘‘(g) The rate standards, information submissions,
remedies, reviews, and penalties in this section shall also
apply to ocean common carriers that are not controlled,
but who have been determined by the Secretary to be
structurally or financially affiliated with nontransporta-
tion entities or organizations (government or private) in
such a way as to affect their pricing or marketplace behav-
ior in an unfair, predatory, or anticompetitive way that
disadvantages an ocean common carrier or carriers. The
Secretary may make such determinations upon request of
any person or upon the Secretary’s own motion, after con-
ducting an investigation and a public hearing.
‘‘(h) The Secretary shall issue regulations by June
1, 1997, that prescribe the procedures and requirements
that would govern how price and other information is to
be submitted by controlled carriers and carriers subject
to determinations made under subsection (g) when such
information would be needed to determine whether prices
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charged by these carriers are unfair, predatory, or anti-
competitive.
‘‘(i) In any instance where information provided to
the Secretary under this section does not result in an af-
firmative finding or enforcement action by the Secretary
that information may not be made public and shall be ex-
empt from disclosure under section 552 of title 5, United
States Code, except as may be relevant to an administra-
tive or judicial action or proceeding. This section does not
prevent disclosure to either body of Congress or to a duly
authorized committee or subcommittee of Congress.’’.
SEC. 10232. NEGOTIATING STRATEGY TO REDUCE GOVERN-
MENT OWNERSHIP AND CONTROL OF COM-
MON CARRIERS.
Not later than January 1, 1997, the Secretary of
Transportation shall develop, submit to Congress, and
begin implementing a negotiation strategy to persuade for-
eign governments to divest themselves of ownership and
control of ocean common carriers (as that term is defined
in section 3(18) of the Shipping Act of 1984 (46 U.S.C.
App. 1702).
SEC. 10233. ANNUAL REPORT BY THE SECRETARY.
Not later than September 30, 1998, and annually
thereafter, the Secretary shall report to Congress on the
actions taken under the Foreign Shipping Practices Act
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(46 U.S.C. App. 1708), section 9 of the Shipping Act of
1984 (46 U.S.C. App. 1708), and section 10232 of this
Act and the effect on United States maritime employment
of laws, rules, regulations, policies, or practices of foreign
governments, or any practices of foreign carriers or other
persons providing maritime or maritime-related services in
a foreign country that result in the existence of conditions
that adversely affect the operations of United States car-
riers in United States oceanborne trade.
CHAPTER 3—ELIMINATION OF THE
FEDERAL MARITIME COMMISSION
SEC. 10241. PLAN FOR AGENCY TERMINATION.
(a) IN GENERAL.—No later than 30 days after the
date of the enactment of this Act, the Director of the Of-
fice of Management and Budget, in consultation with the
Secretary of Transportation, shall submit to Congress a
plan to eliminate the Federal Maritime Commission no
later than October 1, 1997. The plan shall include a time-
table for the transfer of remaining functions of the Fed-
eral Maritime Commission to the Secretary of Transpor-
tation beginning as soon as feasible in fiscal year 1996.
The plan shall also address matters related to personnel
and other resources necessary for the Secretary of Trans-
portation to perform the remaining functions of the Fed-
eral Maritime Commission.
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(b) IMPLEMENTATION.—The Director of the Office of
Management and Budget shall implement the plan to
eliminate the Federal Maritime Commission submitted to
Congress under subsection (a) beginning as soon as fea-
sible in fiscal year 1996.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this subtitle and the amendments
made by this subtitle.
Subtitle C—Midewin National
Tallgrass Prairie
CHAPTER 1—GENERAL PROVISIONS
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ‘‘Illinois Land Con-
servation Act of 1995’’.
SEC. 10302. DEFINITIONS.
For purposes of this subtitle, the following definitions
apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the United
States Environmental Protection Agency.
(2) AGRICULTURAL PURPOSES.—The term ‘‘ag-
ricultural purposes’’ means the use of land for row
crops, pasture, hay, and grazing.