An Act to amend title VI of the Merchant Marine Act, 1936, to authorize the payment of operating-differential subsidy for cruises
PL 87-45 (H.R.6100), enacted 05/27/1961

75 S T A T . ] 
PUBLIC LAW 87-45-MAY 27, 1961 
89 
TRACT B 
Township 96 north, range 3 west, fifth principal meridian, Alla-
makee County, Iowa: Southwest quarter southeast quarter of section 
33, containing 40 acres more or less. 
TRACT 
c 
Township 96 north, range 3 west, fifth principal meridian, Alla-
makee County, Iowa: South half northeast quarter and south half 
northeast quarter northeast quarter of section 33, excepting the right-
of-way of Iowa State Highway Numbered 13; contaming 93.7 acres 
more or less. 
SEC. 2. The lands under the administrative control and jurisdiction 
of the United States Fish and Wildlife Service within tract A are 
included in the monument subject to such terms and conditions as 
the Secretary of the Interior may deem necessary and desirable in 
order to facilitate and control public access to the adjacent lands of 
the Upper Mississippi River AVild Life and Fish Refuge, and subject 
to the authority or the Secretary of the Interior to return them to 
the jurisdiction of the United States Fish and Wildlife Service when 
they are no longer required for purposes of the monument. 
The lands 
under the administrative control and jurisdiction of the Corps of 
Engineers, United States Army, within tract A are included in the 
monument subject to the right of the Corps of Engineers to retain 
adequate flowage and navigation rights thereon to facilitate the 
operation and maintenance of lock and dam numbered 10, Upper 
Mississippi River, or the construction, operation, and maintenance of 
any dam affecting this location. 
SEC. 3. The Secretary of the Interior is hereby authorized to acquire 
the lands designated tract C by purchase or through donations. 
SEC. 4. All laws, rules, and regulations applicable to such national 
monument shall be applicable with respect to the lands described in 
the first section of this Act upon the addition of such land to such 
national monument. 
SEC. 5. There is hereby authorized the sum of not to exceed $2,000 
:^or the purpose of acquiring lands, interests in lands, and improve-
ments thereon as may be necessary for carrying out this Act. 
Approved May 27, 1961. 
Applicability. 
Appropri ati on. 
Public Law 87-45 
AN ACT 
To amend title VI of the Merchant Marine Act, 1936, to authorize the payment 
of oi^erating-differential subsidy for cruises. 
May 27, 1961 
[H. R. 6100] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That title VI of the 
Merchant Marine Act, 1936, as amended (46 U.S.C. 1171-1182), is 
amended by inserting at the end thereof a new section 613, to read 
as fQUOWS : 
"SEC. 613. (a) In this section, 'passenger vessel' means a vessel 
which (1) is of not less than ten thousand gross tons, and (2) has 
accommodations for not less than one hundred passengers. 
"(b) If the Board finds that the operation of passenger vessels with 
respect to which an application for operating-differential subsidy 
has been filed under section 601 of this title is required for at least 
two-thirds of each year, but not for all of each year, in order to fur-
Vessels. 
O f f - s e a s o n 
cruises. 
4 9 Stat. 2 0 0 1; 
52 Stat. 961. 
46 u s e 1171. 
64207 0-62—9 
90 
PUBLIC LAW 87-45-MAY 27, 1961 
[75 STAT. 
nish adequate service on the service, route, or line with respect to 
which the application was filed, the Board mav approve the applica-
tion for payment of operating-differential subsidy for operation of 
the vessels (1) on such service, route, or line for such part of each 
year, and (2) on cruises for all or part of the remainder of each year 
if such specific cruise is approved by the Board under subsection (e) 
of this section. 
Conditions for 
u/^x Qpuig^g autlioHzed bv this section must begin and end at a 
o p e r a t i o n on 
-i 
, • 
^ 
v ^ 
-r-r • 
n c^ 
i» 
cruises. 
domcstic port or ports on the same seacoast of the United btates from 
which the operator operates or conducts the regular service to which 
the vessels are assigned. 
When a vessel is being operated on cruises^— 
"(1) it shall carry no mail unless required by law, or cargo 
except passengers' luggage, except between those ports between 
w^hich it may carry mail and cargo on its regular service assigned 
by contract; 
"(2) it shall carry passengers on a round-trip basis, except 
between those ports between which it may carry one-way pas-
sengers on its regular service assigned by contract; 
"(3) it shall embark passengers only at domestic ports on the 
same seacoast of the United States as that to which the vessel is 
assigned on its regular service; and 
"(4) it shall stop at other domestic ports only for the same 
time and the same purposes as is permitted with respect to a 
foreign-flag vessel which is carrying passengers who embarked 
at a domestic port. 
46 use 1175. 
Section 605(c) of this Act shall not apply to cruises authorized under 
this section. 
Subsidy con- 
"(d) The Board may from time to time review Operating differeu-
Review. 
tial subsidy contracts entered into under this title for the operation 
of passenger vessels, and upon a finding that operation of such vessels 
upon a service, route, or line is required in order to furnish adequate 
service on such service, route, or line, but is not required for the 
entire year, may amend such contracts to agree to pay operating dif-
ferential subsidy for operation of such vessels on cruises, as authorized 
by this section, for part or all of the remainder, but not exceeding 
one-third, of each year, if each specific cruise is approved by the 
Board under-subsection (e) of this section. 
Cruise appiica- 
" (g^ Upou the application of any operator for approval of a spe-
cific cruise, the Board, after notice to all other American flag opera-
tors who may be affected and after affording all such operators an 
opportunity to submit written data, views or arguments, with or with-
out opportunity to present the same orally in any manner, and after 
consideration of all relevant matter presented, shall, if it deter-
mines that the proposed cruise will not substantially adversely 
affect an existing operator's service performed with passenger vessels 
of United States registry, approve the proposed cruise. 
Such 
approval shall not be given more than two years in advance of the 
beginning of the cruise. 
"(f) As used in this section the following three are the seacoasts of 
the United States: (1) the Atlantic coast, including the Great Lakes 
but excluding the Gulf of Mexico; (2) the Gulf of Mexico; and (8) 
the Pacific coast, including Alaska and Hawaii." 
SEC. 2. Section 601(a) of the Merchant Marine Act, 1936, as 
49 Stat. 2001. 
amended (46 U.S.C. 1171), is amended as follows: 
(a) The first sentence thereof is amended by inserting immediately 
before the period at the end thereof the words "or in such service and 
in cruises authorized under section 613 of this title". 
tracts. 
S e a c o a s t s 
of 
U. S. 
75 
S T A T . ] 
PUBLIC LAW 87.45-MAY 27, 1961 
91 
(b) By inserting in the second sentence thereof after the words 
"to promote the foreign commerce of the United States" the words 
"except to the extent such vessels are to be operated on cruises author-
ized under section 613 of this title". 
(c) By inserting at the end thereof a new sentence to read as Al-
lows: "To the extent the application covers cruises, as authorized 
under section 613 of this title, the Board may make the portion of this 
last determination relating to parity on the basis that any foreign 
flag cruise from the United States competes with any American flag 
cruise from the United States". 
SEC. 3. Section 602 of the Merchant Marine Act, 1936, as amended 
(46 U.S.C 11T2), is amended by striking out the word "No" and 
inserting in lieu thereof the following: "Except with respect to cruises 
authorized under section 613 of this title, no". 
SEC. 4. Section 603 of the Merchant Marine Act, 1936, as amended 
(46 U.S.C. 1173), is amended as follows: 
(a) Subsection (a) is amended by inserting after the words "in 
such service, route, or line" the words "and in cruises authorized under 
section 613 of this title". 
(b) Subsection (b) is amended by inserting after the words "oper-
ating-differential subsidy" the words "for the operation of vessels 
on a service, route, or line", and by inserting at the end thereof the 
following new sentence: "For any period during which a vessel cruises 
as authorized by section 613 of this Act, operating-differential subsidy 
shall be computed as though the vessel were operating on the essen-
tial service to which the vessel is assigned: Provided^ however^ That 
if the cruise vessel calls at a port or ports outside of its assigned 
service, but which is served with passenger vessels (as defined in 
section 613 of this Act) by another subsidized operator at an 
operating-differential subsidy rate for wages lower than the cruise 
vessel has on its assigned essential service, the operating-differential 
subsidy rates for each of the subsidizable items for each day (a frac-
tion of a day to count as a day) that the vessel stops at such port 
shall be at the respective rates applicable to the subsidized operator 
regularly serving the area." 
SEC. 5. Section 606 of the Merchant Marine Act, 1936, as amended 
(46 U.S.C. 1176), is amended by inserting in subdivision (6) after 
the words "services, routes, and lines" a comma and the words "and 
any cruises authorized under section 613 of this title" and a comma. 
SEC. 6. Section 607(b) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. 1177), is amended by inserting in the second sen-
tence of the second paragraph thereof after the words "on an essential 
foreign-trade line, route or service approved by the Commission" 
the words "and on cruises, if any, authorized under section 613 of this 
title". 
SEC. 7. The cruises authorized by section 613 shall be in addition 
to and not in derogation of the right of an operator to make voyages 
on his regular service, route or line, including approved deviations 
within the general area of his essential service. There shall be no 
adjustment of subsidy in the event of such deviations if they are 
without prejudice to the adequacy of service. 
Approved May 27, 1961. 
Ante, p. 89. 
49 Stat. 2002. 
49 Stat. 2002. 
49 Stat. 2004. 
49 Stat. 2005. 
Ante, p. 89. 
Deviations.