An Act to amend the provisions contained in part II of the Interstate Commerce Act concerning registration of State certificates whereby a common carrier by motor vehicle may engage in interstate and foreign commerce within a State
PL 87-805 (S.320), enacted 10/15/1962

76 STAT.] 
PUBLIC LAW 87-805-OCT. 15, 1962 
911 
Public Law 87-805 
AN ACT 
To amend the provisions contained in part II of the Interstate Commerce Act 
concerning registration of State certificates whereby a common carrier by 
motor vehicle may engage in interstate and foreign commerce within a State. 
October 15, 1962 
[S. 320] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That paragraph (1) 
of subsection (a) of section 206 of the Interstate Commerce Act is 
amended by striking out the last two sentences and by inserting in lieu 
thereof the following: "Pending the determination of any such appli-
cation the continuance of such operation shall be lawful." 
SEC. 2. Subsection (a) of section 206 of the Interstate Commerce Act 
is amended by adding at the end thereof the following new 
paragraphs: 
"(6) On and after the date of the enactment of this paragraph no 
certificate of public convenience and necessity under this part shall be 
I'equired for operations in interstate or foreign commerce by a common 
carrier by motor vehicle operating solely within a single State and not 
controlled by, controlling, or under a common control with any carrier 
engaged in operations outside such State, if such carrier has obtained 
from the commission of such State authorized to issue such certificates, 
a certificate of public convenience and necessity authorizing motor 
vehicle common carrier operations in intrastate commerce and such 
certificate recites that it was issued after notice to interested persons 
through publication in the Federal Register of the filing of the appli-
cation and of the desire of the applicant also to engage m transporta-
tion in interstate and foreign commerce w^ithin the limits of the 
intrastate authority granted, that reasonable opportunity was afforded 
interested persons to be heard, that the State commission has duly con-
sidered the question of the proposed interstate and foreign operations 
and has found that public convenience and necessity require that the 
carrier authorized to engage in intrastate operations also be authorized 
to engage in operations in interstate and foreign commerce within 
limits which do not exceed the scope of the intrastate operations 
authorized to be conducted. 
Such operations in interstate and foreign 
commerce shall, however, be subject to all other applicable require-
ments of this Act and the regulations prescribed hereunder. 
Such 
rights to engage in operations in interstate or foreign commerce shall 
be evidenced by appropriate certificates of registration issued by the 
Commission which shall be valid only so long as the holder is a carrier 
engaged in operations solely within a single State, not controlled by, 
controlling, or under a common control with a carrier engaged in 
operation outside such State, and except as provided in section 5 and in 
the conditions and limitations stated herein, may be transferred pursu-
ant to such rules and regulations as may be prescribed by the Commis-
sion, but may not be transferred apart from the transfer of the 
corresponding intrastate certificate, and the transfer of the intrastate 
certificate without the interstate or foreign rights shall terminate the 
right to engage in interstate or foreign commerce. 
The termination, 
restriction in scope, or suspension of the intrastate certificate shall on 
the 180th day thereafter terminate or similarly restrict, the right to 
engage in interstate or foreign commerce unless the intrastate certifi-
cate shall have been renewed, reissued, or reinstated or the restrictions 
removed within said one hundred eighty-day period. 
S^^^ rights 
shall be subject to suspension or termination by the Commission in 
accordance with the provisions of this Act governing the suspension 
and termination of certificates issued by the Commission. 
The Com-
mission may impose reasonable requirements with respect to the filing 
Interstate Com-
merce Act, amend* 
ment. 
49 Stat. 551. 
49 u s e 306. 
74 Stat. 382. 
Intrastate motor 
carriers, inter-
state operations. 
Publication in 
F. R. 
Certification of 
registration. 
54 Stat. 905. 
49 use 5. 
Termination 
date. 
912 
PUBLIC LAW 87-805-OCT. 15, 1962 
[76 STAT. 
State certifi-
cate. 
54 Stat. 90S. 
49 use 5. 
Termination 
date. 
with it of certified copies of such State certificates and other appro-
priate statements and data, and compliance with applicable require-
ments established by and under the authority of statutes applicable to 
intei*state and foreign operations administered by the Commission, as 
conditions precedent to engaging in interstate and foreign operations 
under the authority of such State certificate. 
In accordance with such 
reasonable rules as may be prescribed by the Commission, any party in 
interest, who or which opposed in the State commission proceeding the 
authorization of operations in interstate or foreign commerce, may 
j^etition the Commission for reconsideration of the decision of the 
State commission authorizing operations in interstate or foreign 
commerce, and upon such reconsideration upon the record made before 
the State commission, the Commission may affirm, reverse, or modify 
the decision of the State commission, but only with respect to the 
authorization of operations in interstate and foreign commerce. 
"(7) (A) In the case of any person who or which on the date of the 
enactment of this paragraph was in operation solely within a single 
State as a common carrier by motor vehicle in intrastate commerce 
(excluding persons controlled by, controlling, or under a common con-
trol with, a carrier engaged in operations outside such State), and who 
or which was also lawfully engaged in such operations in interstate or 
foreign commerce under the certificate exemption provisions of the 
second proviso of paragraph (1) of this subsection, as in effect imme-
diately before the date of the enactment of this paragraph or who or 
which would have been so lawfully engaged in such operations but for 
the pendency of litigation to determine the validity of such person's 
intrastate operations to the extent such litigation is resolved in favor of 
such person, and has continued to so operate since that date (or if 
engaged in furnishing seasonal service only, was lawfully engaged in 
such operations in the year 1961 during the season ordinarily covered 
by its operations, and such operations have not been discontinued), 
except in either instance as to interruptions of service over which such 
person had no control, the Commission shall issue to such person a 
certificate of registration authorizing the continuance of such trans-
portation in interstate and foreign commerce if application and proof 
of operations are submitted as provided in this subsection. 
Such cer-
tificate of registration shall not exceed in scope the services authorized 
by the State certificate to be conducted in intrastate commerce, and 
shall be subject to the same terms, conditions, and limitations as are 
contained in or attached to the State certificate except to the extent 
that such terms, conditions, or limitations are inconsistent with the 
requirements established by or under this Act. 
If the effectiveness of 
the State certificate is limited to a specified period of time, the certifi-
cate of registration issued under this paragraph (7) shall be similarly 
limited. 
Operations in interstate and foreign commerce under such 
certificates of registration shall be subject to all other applicable 
requirements of this Act and the regulations prescribed hereunder. 
Certificates of registration shall be valid only so long as the holder 
is a carrier engaged in operation solely within a single State, not con-
trolled by, controlling, or under a common control with a carrier 
engaged m operation outside such State, and except as provided in 
section 5 and in the conditions and limitations stated herein, may be 
transferred pursuant to such rules and regulations as may be pre-
scribed by the Commission, but may not be transferred apart from 
the transfer of the corresponding intrastate certificate, and the trans-
fer of the intrastate certificate without the interstate or foreign rights 
shall terminate the right to engage in interstate or foreign commerce. 
The termination, restriction in scope, or suspension of the intrastate 
certificate shall on the 180th day thereafter terminate or similarly 
restrict the right to engage in interstate or foreign commerce unless 
76 STAT.] 
PUBLIC LAW 87-806-OCT. 15, 1962 
913 
the intrastate certificate shall have been renewed, reissued, or rein-
stated or the restrictions removed within said one hundred and eighty-
day period. 
Such certificates of registration shall be subject to sus-
pension or termination by the Commission in accordance with the 
provisions of this Act governing the suspension and termination of 
certificates of public convenience and necessity issued by the Commis-
sion. 
"(B) All rights to engage in operations in interstate and foreign 
commerce under the provisions of the second proviso of paragraph (1) 
of this subsection, as in effect immediately before the date of the enact-
ment of this paragraph, shall cease and terminate, but any carrier law-
fully engaged in interstate and foreign operations on the date of the 
enactment of this paragraph or any carrier who would have been so 
lawfully engaged in such operations but for the pendency of litigation 
to determine the validity of such person's intrastate operations to the 
extent such litigation is resolved irr favor of such person, pursuant to 
such provisions, may continue such operations for 120 days after such 
date and, if an appropriate application for a certificate of registra-
tion is filed within such period, such operations may be continued 
pending the determination of such application. 
The Commission shall 
prescribe the form of such application, the information and documents 
to be furnished, the manner of filing, and the persons to whom or the 
manner of giving notice to interested persons of such filings. Issues 
arising in the determination of such applications shall be determined 
in the most expeditious manner and, so far as practicable and legally 
permissible, without formal hearings or other proceedings. A notice 
of intent to engage in interstate and foreign operations accompanied 
by certified copies of effective, lawfully issued or acquired State cer-
tificates filed with the Commission as evidence of authority to operate 
in interstate or foreign commerce under the provisions of the second 
E
roviso of paragraph (1) of this subsection, as in effect immediately 
efore the date of the enactment of this paragraph, shall be conclusive 
proof that the applicant is lawfully engaged in interstate and foreign 
operations and the scope thereof." 
Approved October 16, 1962. 
Pendency of 
litigation. 
Notice of 
intent. 
Public Law 87-806 
AN ACT 
To set aside certain lands in Washington for Indians of tlie Quinault Tribe. 
October 15, 1962 
[S. 507] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That lands hereto-
fore set aside under the provisions of the Act of August 22, 1914 (38 
Stat. 704), for lighthouse purposes at or near Cape Elizabeth on the 
Quinault Indian Reservation, State of Washington, and consisting of 
eighty-five and five onerhundredths acres, more or less, in lots 1, 2, 
and 3 in section 34, township 22 north, range 13 west, Willamette 
meridian, which lands are excess to the needs of the Treasury Depart-
ment, shall be, and the same are hereby, set aside in trust for the 
Quinault Tribe of Indians, in the same manner and to the same extent 
as other real property held in trust by the United States for said tribe. 
SEC. 2. The Indian Claims Commission is directed to determine in 
accordance with the provisions of section 2 of the Act of August 13, 
1946 (60 Stat. 1050), the extent to which the value of the title conveyed 
by this Act should or should not be set off against any claim against 
the United States determined by the Commission. 
Approved October 15, 1962. 
Indians. 
Certain trust 
lands. 
Indian Claims 
Commission. 
25 use 70a. 
78135 0-63—61