US (United States) Code. Title 32. Chapter 19: Saint Lawrence Seaway

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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publicidad

-CITE-

33 USC CHAPTER 19 - SAINT LAWRENCE SEAWAY 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-MISC1-

Sec.

981. Creation of Saint Lawrence Seaway Development

Corporation.

982. Management of Corporation; appointment of

Administrator; terms; vacancy; Advisory Board;

establishment; membership; meetings; duties;

compensation and expenses

983. Functions of Corporation.

(a) Construction of deep-water navigation works in

Saint Lawrence River; conditions precedent.

(b) Coordination of activities regarding power

projects.

984. General powers of Corporation.

984a. Repealed.

985. Bonds; issuance; maturity; redemption; interest;

purchase of obligations by Secretary of the Treasury.

985a. Cancellation of bonds issued under section 985.

986. Payments to States and local governments in lieu of

taxes; tax exemption of Corporation.

987. Services and facilities of other agencies.

(a) Utilization of personnel, services, facilities,

and information.

(b) Contributions to retirement and disability, and

employees' compensation, funds; payment of

costs.

988. Rates of charges or tolls.

(a) Negotiation with Canadian authorities; revenue

sharing formula; consideration of American

financing costs, including interest and debt

principal; rules of measurement; hearings and

rehearings; approval by President; court

review.

(b) Principles governing establishment of rates.

988a. Waiver of collection of charges or tolls.

989. Special reports.

990. Offenses and penalties.

(a) Application of penal statutes.

(b) Frauds and false entries, reports, or

statements.

(c) Receipt of compensation, or conspiracy, with

intent to defraud, etc.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 46 App. section 1241v.

-End-

-CITE-

33 USC Sec. 981 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 981. Creation of Saint Lawrence Seaway Development Corporation

-STATUTE-

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").

-SOURCE-

(May 13, 1954, ch. 201, Sec. 1, 68 Stat. 93; Pub. L. 89-670, Sec.

8(g)(1), Oct. 15, 1966, 80 Stat. 943.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-670 substituted "Secretary of Transportation"

for "President, or the head of such agency as he may designate".

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed

by the President and published in the Federal Register, see section

16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No.

11340, Mar. 30, 1967, 32 F.R. 5453.

SEPARABILITY

Section 11 of act May 13, 1954, provided: "If any provision of

this Act [enacting this chapter and amending section 846 of Title

31, Money and Finance] or the application of such provision to any

person or circumstances shall be held invalid, the remainder of the

Act and the application of such provision to persons or

circumstances other than those to which it is held invalid shall

not be affected thereby."

ADMINISTRATOR TO REPORT DIRECTLY TO SECRETARY OF TRANSPORTATION

Pub. L. 89-670, Sec. 8(g)(2), which provided that the

Administrator of the St. Lawrence Seaway Development Corporation

report directly to the Secretary notwithstanding any other

provision of the Department of Transportation Act (Pub. L. 89-670),

was repealed by Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat.

2444, except for rights and duties that matured, penalties that

were incurred, and proceedings that were begun before Jan. 12,

1983.

-EXEC-

EXECUTIVE ORDER NO. 10534

Ex. Ord. No. 10534, June 9, 1954, 19 F.R. 3413, as amended by Ex.

Ord. No. 10771, June 23, 1958, 23 F.R. 4525, which related to the

direction and supervision of the St. Lawrence Seaway Development

Corporation, was revoked by section 16 of Ex. Ord. No. 11382, Nov.

28, 1967, 32 F.R. 16247.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 110.

-End-

-CITE-

33 USC Sec. 982 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 982. Management of Corporation; appointment of Administrator;

terms; vacancy; Advisory Board; establishment; membership;

meetings; duties; compensation and expenses

-STATUTE-

(a) The management of the corporation shall be vested in an

Administrator who shall be appointed by the President, by and with

the advice and consent of the Senate, for a term of seven years.

Any Administrator appointed to fill a vacancy in that position

prior to the expiration of the term for which his predecessor was

appointed shall be appointed for the remainder of such term.

(b) There is established the Advisory Board of the Saint Lawrence

Seaway Development Corporation which shall be composed of five

members appointed by the President, by and with the advice and

consent of the Senate, not more than three of whom shall belong to

the same political party. The Advisory Board shall meet at the call

of the Administrator, who shall require it to meet not less often

than once each ninety days; shall review the general policies of

the Corporation, including its policies in connection with design

and construction of facilities and the establishment of rules of

measurement for vessels and cargo and rates of charges or tolls;

and shall advise the Administrator with respect thereto. Members of

the Advisory Board shall receive for their services as members

compensation of not to exceed $50 per diem when actually engaged in

the performance of their duties, together with their necessary

traveling expenses while going to and coming from meetings.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 2, 68 Stat. 93; Pub. L. 93-615, Sec.

1, Jan. 2, 1975, 88 Stat. 1977.)

-MISC1-

AMENDMENTS

1975 - Subsec. (a). Pub. L. 93-615, Sec. 1(a), amended subsec.

(a) generally, inserting provisions relating to a term of seven

years and the length of the term of any Administrator appointed to

fill a vacancy in the position of the Administrator prior to the

expiration of the term for which his predecessor was appointed.

Subsecs. (b), (c). Pub. L. 93-615, Sec. 1(b), redesignated

subsec. (c) as (b). Former subsec. (b), relating to the appointment

and duties of a Deputy Administrator, was repealed.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 2 of Pub. L. 93-615 provided that: "The amendments made

to section 2 of the Act of May 13, 1954, by the first section of

this Act [amending this section] shall (1) take effect upon the

first appointment of an Administrator of the Saint Lawrence Seaway

Development Corporation which is made after the date of enactment

of this Act [Jan. 2, 1975], and (2) be applicable to such first

appointment and to each subsequent appointment to such position."

TERMINATION OF ADVISORY BOARDS

Advisory boards in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a board established by the President

or an officer of the Federal Government, such board is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a board established by the Congress, its duration

is otherwise provided by law. See sections 3(2) and 14 of Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 110.

-End-

-CITE-

33 USC Sec. 983 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 983. Functions of Corporation

-STATUTE-

(a) Construction of deep-water navigation works in Saint Lawrence

River; conditions precedent

The Corporation is authorized and directed to construct, in

United States territory, deep-water navigation works substantially

in accordance with the "Controlled single stage project, 238-242"

(with a controlling depth of twenty-seven feet in channels and

canals and locks at least eight hundred feet long, eighty feet

wide, and thirty feet over the sills), designated as "works solely

for navigation" in the joint report dated January 3, 1941, of the

Canadian Temporary Great Lakes-Saint Lawrence Basin Committee and

the United States Saint Lawrence Advisory Committee, in the

International Rapids section of the Saint Lawrence River together

with necessary dredging in the Thousand Islands section; and to

operate and maintain such works in coordination with the Saint

Lawrence Seaway Authority of Canada, created by chapter 24 of the

acts of the fifth session of the Twenty-first Parliament of Canada

15-16, George VI (assented to December 21, 1951): Provided, That

the Corporation shall not proceed with the aforesaid construction

unless and until -

(1) the Saint Lawrence Seaway Authority of Canada, provides

assurances satisfactory to the Corporation that it will complete

the Canadian portions of the navigation works authorized by

section 10, chapter 24 of the acts of the fifth session of the

Twenty-first Parliament of Canada 15-16, George VI, 1951, as

nearly as possible concurrently with the completion of the works

authorized by this section;

(2) the Corporation has received assurances satisfactory to it

that the State of New York, or an entity duly designated by it,

or other licensee of the Federal Energy Regulatory Commission, in

conjunction with an appropriate agency in Canada, as nearly as

possible concurrently with the navigation works herein

authorized, will construct and complete the dams and power works

approved by the International Joint Commission in its order of

October 29, 1952 (docket 68) or any amendment or modification

thereof.

(b) Coordination of activities regarding power projects

The Corporation shall make necessary arrangements to assure the

coordination of its activities with those of the Saint Lawrence

Seaway Authority of Canada and the entity designated by the State

of New York, or other licensee of the Federal Energy Regulatory

Commission, authorized to construct and operate the dams and power

works authorized by the International Joint Commission in its order

of October 29, 1952 (docket 68) or any amendment or modification

thereof.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 3, 68 Stat. 93; Pub. L. 95-91, title

IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)

-TRANS-

TRANSFER OF FUNCTIONS

"Federal Energy Regulatory Commission" substituted for "Federal

Power Commission" in subsecs. (a)(2) and (b), on authority of Pub.

L. 95-91, title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583,

which is classified to section 7172(a)(1)(A) of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 984 of this title.

-End-

-CITE-

33 USC Sec. 984 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 984. General powers of Corporation

-STATUTE-

(a) For the purpose of carrying out its functions under this

chapter the Corporation -

(1) shall have succession in its corporate name;

(2) may adopt and use a corporate seal, which shall be

judicially noticed;

(3) may sue and be sued in its corporate name;

(4) may adopt, amend, and repeal bylaws, rules, and regulations

governing the manner in which its business may be conducted and

the powers vested in it may be exercised;

(5) may make and carry out such contracts or agreements as are

necessary or advisable in the conduct of its business;

(6) shall be held to be an inhabitant and resident of the

northern judicial district of New York within the meaning of the

laws of the United States relating to venue of civil suits;

(7) may appoint and fix the compensation, in accordance with

the provisions of chapter 51 and subchapter III of chapter 53 of

title 5, of such officers, attorneys, and employees as may be

necessary for the conduct of its business, define their authority

and duties, and delegate to them such of the powers vested in the

Corporation as the Administrator may determine;

(8) may acquire, by purchase, lease, condemnation, or donation

such real and personal property and any interest therein, and may

sell, lease, or otherwise dispose of such real and personal

property, as the Administrator deems necessary for the conduct of

its business;

(9) shall determine the character of and the necessity for its

obligations and expenditures, and the manner in which they shall

be incurred, allowed and paid, subject to provisions of law

specifically applicable to Government corporations;

(10) may retain toll revenues for purposes of eventual

reinvestment in the Seaway.(!1)

(11) may provide services and facilities necessary in the

maintenance and operation of the seaway, including but not

limited to providing, at reasonable prices, services to vessels

using the seaway and to visitors to the seaway, but not to

include overnight housing accommodations for visitors;

(12) may participate with the Saint Lawrence Seaway Authority

of Canada, or its designee, in the ownership and operation of a

toll bridge company: Provided, That the United States' portion of

the revenue from the tolls charged to the users of any toll

bridge operated under this section shall be applied solely to the

cost of the bridge and approaches, including maintenance and

operation, amortization of principal and interest, as established

by the Secretary of the Treasury; and

(13) (!2) shall be credited with amounts received from any of

the activities authorized by clauses (10) and (11) (!3) of this

subsection.

(13) (!2) shall accept such amounts as may be transferred to

the Corporation under section 9505(c)(1) of title 26, except that

such amounts shall be available only for the purpose of operating

and maintaining those works which the Corporation is obligated to

operate and maintain under subsection (a) of section 983 of this

title.

(b) Amounts credited under subsection (a)(12) (!3) of this

section are available to pay any obligation or expense of the

Corporation under this chapter, except as specifically provided in

subsection (a)(11) (!3) of this section.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 4, 68 Stat. 94; Pub. L. 85-108, Sec.

1(1)-(3), July 17, 1957, 71 Stat. 307; Pub. L. 92-310, title II,

Sec. 232, June 6, 1972, 86 Stat. 214; Pub. L. 97-369, title III,

Sec. 311, Dec. 18, 1982, 96 Stat. 1783; Pub. L. 99-662, title XIV,

Sec. 805(a)(1)-(3), Nov. 17, 1986, 100 Stat. 4272.)

-COD-

CODIFICATION

In subsec. (a)(7), "chapter 51 and subchapter III of chapter 53

of title 5" substituted for "the Classification Act of 1949" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1986 - Subsec. (a)(13). Pub. L. 99-662 added par. (13) relating

to acceptance of amounts transferred to the Corporation under

section 9505(c) of title 26.

1982 - Subsec. (a)(10) to (13). Pub. L. 97-369 added par. (10)

and redesignated former pars. (10) to (12) as (11) to (13),

respectively.

1972 - Subsec. (a)(7). Pub. L. 92-310 struck out provisions which

empowered the Corporation to require bonds from such officers,

attorneys, and employees as the Administrator might designate.

1957 - Subsecs. (a)(10) to (12), (b). Pub. L. 85-108 added pars.

(10) to (12) and subsec. (b).

EFFECTIVE DATE OF 1986 AMENDMENT

Section 805(b) of Pub. L. 99-662 provided that: "The amendments

made by this section [enacting section 988a of this title and

amending this section] shall take effect on April 1, 1987."

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

(!2) So in original. There are two pars. designated (13).

(!3) Clauses (10), (11), and (12) redesignated (11), (12), and

(13) by Pub. L. 97-369.

-End-

-CITE-

33 USC Sec. 984a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 984a. Repealed. June 28, 1955, ch. 189, Sec. 12(c)(11), 69

Stat. 181

-MISC1-

Section, act Aug. 26, 1954, ch. 935, ch. VIII, Sec. 801, 68 Stat.

818, authorized Administrator to place not more than four positions

in grades 16, 17, or 18 of General Schedule established by

Classification Act of 1949.

-End-

-CITE-

33 USC Sec. 985 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 985. Bonds; issuance; maturity; redemption; interest; purchase

of obligations by Secretary of the Treasury

-STATUTE-

(a) To finance its activities, the Corporation may issue revenue

bonds payable from corporate revenue to the Secretary of the

Treasury. The total face value of all bonds so issued shall not be

greater than $140,000,000. Not more than fifty per centum of the

bonds may be issued during any one year. Such obligations shall

have maturities agreed upon by the Corporation and the Secretary of

the Treasury, not in excess of fifty years. Such obligations may be

redeemable at the option of the Corporation before maturity in such

manner as may be stipulated in such obligations, but the

obligations thus redeemed shall not be refinanced by the

Corporation. The Secretary of the Treasury is authorized and

directed to purchase any obligations of the Corporation to be

issued hereunder and for such purpose the Secretary of the Treasury

is authorized to use as a public debt transaction the proceeds from

the sale of any securities issued under chapter 31 of title 31, and

the purposes for which securities may be issued under chapter 31 of

title 31 are extended to include any purchases of the Corporation's

obligations hereunder.

(b) Effective as of October 21, 1970, the obligations of the

Corporation incurred under subsection (a) of this section shall

bear no interest, and the obligation of the Corporation to pay the

unpaid interest which has accrued on such obligations is

terminated.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 5, 68 Stat. 94; Pub. L. 85-108, Sec.

1(4), July 17, 1957, 71 Stat. 307; Pub. L. 91-469, Sec. 43(a), Oct.

21, 1970, 84 Stat. 1038.)

-COD-

CODIFICATION

In subsec. (a), "chapter 31 of title 31" substituted for "the

Second Liberty Bond Act, as amended" on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-469, Sec. 43(a)(1), designated

existing provisions as subsec. (a) and struck out fourth, fifth,

and eighth sentences which provided for deferral, with approval of

Secretary of the Treasury, of interest payments on bonds but

required interest payments so deferred to bear interest after June

30, 1960; prohibited charging of deferred interest against debt

limitation of $140,000,000; and prescribed for each obligation a

rate of interest determined by the Secretary, taking into

consideration the current average rate on current marketable

obligations of the United States of comparable maturities as of the

last day of the month preceding the issuance of the obligation of

the Corporation.

Subsec. (b). Pub. L. 91-469, Sec. 43(a)(2), added subsec. (b).

1957 - Pub. L. 85-108 increased Corporation's borrowing authority

from $105,000,000 to $140,000,000; omitted first year bond issue

limitation, and raised limits of bond issues for any year from 40

to 50 per centum of total borrowing power; and authorized deferment

of interest payments on borrowings, excluding such deferred

interest charges from the debt limitation of $140,000,000.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 985a of this title.

-End-

-CITE-

33 USC Sec. 985a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 985a. Cancellation of bonds issued under section 985

-STATUTE-

Notwithstanding any other provision of law, any bond issued under

section 985 of this title, is hereby canceled together with the

obligation to pay such bond.

-SOURCE-

(Pub. L. 97-369, title III, Sec. 311, Dec. 18, 1982, 96 Stat.

1782.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Transportation

and Related Agencies Appropriations Act, 1983, and not as part of

act May 13, 1954, ch. 201, 68 Stat. 903, which comprises this

chapter.

Section consists of a part of section 311 of Pub. L. 97-369. The

remainder of section 311 of Pub. L. 97-369 amended sections 984 and

988 of this title.

-End-

-CITE-

33 USC Sec. 986 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 986. Payments to States and local governments in lieu of

taxes; tax exemption of Corporation

-STATUTE-

The Corporation is authorized to make payments to State and local

governments in lieu of property taxes upon property which was

subject to State and local taxation before acquisition by the

Corporation. Such payments may be in the amounts, at the times, and

upon the terms the Corporation deems appropriate, but the

Corporation shall be guided by the policy of making payments not in

excess of the taxes which would have been payable for such property

in the condition in which it was acquired, except in cases where

special burdens are placed upon the State or local government by

the activities of the Corporation or its agents. The Corporation,

its property, franchises, and income are expressly exempted from

taxation in any manner or form by any State, county, municipality,

or any subdivision thereof, but such exemption shall not extend to

contractors for the Corporation.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 7, 68 Stat. 95.)

-End-

-CITE-

33 USC Sec. 987 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 987. Services and facilities of other agencies

-STATUTE-

(a) Utilization of personnel, services, facilities, and information

The Corporation may, with the consent of the agency concerned,

accept and utilize, on a reimbursable basis, the officers,

employees, services, facilities, and information of any agency of

the Federal Government, except that any such agency having custody

of any data relating to any of the matters within the jurisdiction

of the Corporation shall, upon request of the Administrator, make

such data available to the Corporation without reimbursement.

(b) Contributions to retirement and disability, and employees'

compensation, funds; payment of costs

The Corporation shall contribute to the civil-service retirement

and disability fund, on the basis of annual billings as determined

by the Director of the Office of Personnel Management, for the

Government's share of the cost of the civil-service retirement

system applicable to the Corporation's employees and their

beneficiaries. The Corporation shall also contribute to the

employee's compensation fund, on the basis of annual billings as

determined by the Secretary of Labor, for the benefit payments made

from such fund on account of the Corporation's employees. The

annual billings shall also include a statement of the fair portion

of the cost of the administration of the respective funds, which

shall be paid by the Corporation into the Treasury as miscellaneous

receipts.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 8, 68 Stat. 95; 1978 Reorg. Plan No.

2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" and "Commission" in subsec. (b) pursuant

to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat.

3783, set out under section 1101 of Title 5, Government

Organization and Employees, which transferred all functions vested

by statute in United States Civil Service Commission to Director of

Office of Personnel Management (except as otherwise specified),

effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord.

No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101

of Title 5.

-End-

-CITE-

33 USC Sec. 988 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 988. Rates of charges or tolls

-STATUTE-

(a) Negotiation with Canadian authorities; revenue sharing formula;

consideration of American financing costs, including interest and

debt principal; rules of measurement; hearings and rehearings;

approval by President; court review

The Corporation is further authorized and directed to negotiate

with the Saint Lawrence Seaway Authority of Canada, or such other

agency as may be designated by the Government of Canada, an

agreement as to the rules for the measurement of vessels and

cargoes and the rates of charges or tolls to be levied for the use

of the Saint Lawrence Seaway, and for an equitable division of the

revenues of the seaway between the Corporation and the Saint

Lawrence Seaway Authority of Canada. Any formula for a division of

revenues which takes into consideration annual debt charges shall

include the total cost, including both interest and debt principal,

incurred by the United States in financing activities authorized by

this chapter, whether or not reimbursable by the Corporation. Such

rules for the measurement of vessels and cargoes and rates of

charges or tolls shall, to the extent practicable, be established

or changed only after giving due notice and holding a public

hearing. In the event that such negotiations shall not result in

agreement, the Corporation is authorized and directed to establish

unilaterally such rules of measurement and rates of charges or

tolls for the use of the works under its administration: Provided,

however, That the Corporation shall give three months' notice, by

publication in the Federal Register, of any proposals to establish

or change unilaterally the basic rules of measurement and of any

proposals to establish or change unilaterally the rates of charges

or tolls, during which period a public hearing shall be conducted.

Any such establishment of or changes in basic rules of measurement

or rates of charges or tolls shall be subject to and shall take

effect thirty days following the date of approval thereof by the

President, and shall be final and conclusive, subject to review as

hereinafter provided. Any person aggrieved by an order of the

Corporation establishing or changing such rules or rates may,

within such thirty-day period, apply to the Corporation for a

rehearing of the matter upon the basis of which the order was

entered. The Corporation shall have power to grant or deny the

application for rehearing and upon such rehearing or without

further hearing to abrogate or modify its order. The action of the

Corporation in denying an application for rehearing or in

abrogating or modifying its order shall be final and conclusive

thirty days after its approval by the President unless within such

thirty-day period a petition for review is filed by a person

aggrieved by such action in the United States Court of Appeals for

the circuit in which the works to which the order applies are

located or in the United States Court of Appeals for the District

of Columbia. The court in which such petition is filed shall have

the same jurisdiction and powers as in the case of petitions to

review orders of the Federal Energy Regulatory Commission filed

under section 825l of title 16. The judgment of the court shall be

final subject to review by the Supreme Court upon certiorari or

certification as provided in sections 1254(1) and 1254(2) of title

28. The filing of an application for rehearing shall not, unless

specifically ordered by the Corporation, operate as a stay of the

Corporation's order. The filing of a petition for review shall not,

unless specifically ordered by the court, operate as a stay of the

Corporation's order.

(b) Principles governing establishment of rates

In the course of its negotiations, or in the establishment,

unilaterally, of the rates of charges or tolls as provided in

subsection (a) of this section, the Corporation shall be guided by

the following principles:

(1) That the rates shall be fair and equitable and shall give

due consideration to encouragement of increased utilization of

the navigation facilities, and to the special character of bulk

agricultural, mineral, and other raw materials.

(2) That rates shall vary according to the character of cargo

with the view that each classification of cargo shall so far as

practicable derive relative benefits from the use of these

facilities.

(3) That the rates on vessels in ballast without passengers or

cargo may be less than the rates for vessels with passengers or

cargo.

(4) That the rates prescribed shall be calculated to cover, as

nearly as practicable, all costs of operating and maintaining the

works under the administration of the Corporation, including

depreciation and payments in lieu of taxes.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 12, 68 Stat. 96; Pub. L. 91-469, Sec.

43(b), Oct. 21, 1970, 84 Stat. 1038; Pub. L. 95-91, title IV, Sec.

402(a)(1)(B), Aug. 4, 1977, 91 Stat. 583; Pub. L. 97-369, title

III, Sec. 311, Dec. 18, 1982, 96 Stat. 1782; Pub. L. 100-352, Sec.

6(h), June 27, 1988, 102 Stat. 664.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-352 substituted "1254(2)" for

"1254(3)".

1982 - Subsec. (b)(5). Pub. L. 97-369 struck out par. (5) which

directed that the rates provide for revenues sufficient to amortize

the principal of the debts and obligations of the Corporation over

a period of not to exceed 50 years.

1970 - Subsec. (a). Pub. L. 91-469, Sec. 43(b)(1), inserted

requirement that any formula for a division of revenues which takes

into consideration annual debt charges shall include the total

cost, including both interest and debt principal, incurred by the

United States in financing activities authorized by this chapter,

whether or not reimbursable by the Corporation.

Subsec. (b)(4). Pub. L. 91-469, Sec. 43(b)(2), struck out ",

payment of interest on the obligations of the Corporation," after

"depreciation".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-352 effective ninety days after June 27,

1988, except that such amendment not to apply to cases pending in

Supreme Court on such effective date or affect right to review or

manner of reviewing judgment or decree of court which was entered

before such effective date, see section 7 of Pub. L. 100-352, set

out as a note under section 1254 of Title 28, Judiciary and

Judicial Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

"Federal Energy Regulatory Commission" substituted for "Federal

Power Commission" in subsec. (a) on authority of Pub. L. 95-91,

title IV, Sec. 402(a)(1)(B), Aug. 4, 1977, 91 Stat. 583, which is

classified to section 7172(a)(1)(B) of Title 42, The Public Health

and Welfare.

-MISC2-

GREAT LAKES AND SAINT LAWRENCE SEAWAY

Pub. L. 101-101, title I, Sept. 29, 1989, 103 Stat. 642,

provided: "That within available funds, the Secretary of the Army,

acting through the Chief of Engineers, is directed to initiate and

complete a reconnaissance study for the Saint Lawrence Seaway and

Great Lakes-Financing Navigational Improvements Study, as

authorized in section 47(d) of Public Law 100-676 [set out below],

in accordance with the cost sharing provisions of Public Law 99-662

[Nov. 17, 1986, 100 Stat. 4082]."

Pub. L. 100-676, Sec. 47(d), Nov. 17, 1988, 102 Stat. 4042,

provided that:

"(1) Study of financing navigational improvements. - The

Secretary, in cooperation with other Federal agencies and private

persons, is authorized and directed to contract with an independent

party to conduct a study of cost recovery options and alternative

methods of financing navigational improvements on the Great Lakes

connecting channels and Saint Lawrence Seaway, including

modernization of the Eisenhower and Snell Locks of the Saint

Lawrence Seaway.

"(2) Report. - Not later than 18 months after the date of the

enactment of this Act [Nov. 17, 1988], the Secretary shall transmit

to Congress a report on the results of the study carried out under

this subsection together with recommendations.

"(3) Cost sharing. - The non-Federal share of the cost of the

study under this subsection shall be 50 percent; except that not

more than 1/2 of such non-Federal share may be made by the

provision of services, materials, supplies, or other in-kind

services necessary to carry out the study."

REPORT ON REDUCTION OR ELIMINATION OF TOLLS ON GREAT LAKES AND

SAINT LAWRENCE SEAWAY

Pub. L. 99-662, title XIV, Sec. 1406, Nov. 17, 1986, 100 Stat.

4272, provided that: "Not later than 2 years after the date of

enactment of this Act [Nov. 17, 1986], the Secretary of State, in

consultation with the Secretary of Transportation, shall initiate

discussions with the Government of Canada with the objective of

reducing or eliminating all tolls on the international Great Lakes

and the Saint Lawrence Seaway, and the Secretary of Transportation

shall report to the Congress on the progress of such discussions

and on the economic effects upon waterborne commerce in the United

States of any proposed reduction or elimination in tolls."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 988a of this title.

-End-

-CITE-

33 USC Sec. 988a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 988a. Waiver of collection of charges or tolls

-STATUTE-

(a) Notwithstanding section 988 of this title or any other

provision of law, the Corporation shall not collect any charge or

toll established pursuant to section 988 of this title with respect

to a commercial vessel (as defined in section 4462(a)(4) of title

26).

(b) The Corporation will maintain a record of the annual amount

of each charge or toll that would have been collected with respect

to each such commercial vessel if it were not for paragraph (a) of

this section.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 13, as added Pub. L. 99-662, title

XIV, Sec. 805(a)(4), Nov. 17, 1986, 100 Stat. 4272; amended Pub. L.

103-331, title III, Sec. 339, Sept. 30, 1994, 108 Stat. 2496.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-331 substituted "Waiver of collection" for

"Rebate of" in section catchline and amended text generally. Prior

to amendment, text read as follows:

"(a) The Corporation shall transfer to the Harbor Maintenance

Trust Fund, at such times and under such terms and conditions as

the Secretary of the Treasury may prescribe, all revenues derived

from the collection of charges or tolls established under section

988 of this title.

"(b)(1) The Corporation shall certify to the Secretary of the

Treasury, in such form and at such times as the Secretary of the

Treasury shall prescribe -

"(A) the identity of any person who pays a charge or toll to

the Corporation pursuant to section 988 of this title with

respect to a commercial vessel (as defined in section 4462(a)(4)

of title 26),

"(B) the amount of the toll or charge paid by such person with

respect to such vessel.

"(2) Within 30 days of the receipt of a certification described

in paragraph (1), the Secretary of the Treasury shall rebate, out

of the Harbor Maintenance Trust Fund, to the person described in

paragraph (1) the amount of the charge or toll paid pursuant to

section 988 of this title."

EFFECTIVE DATE

Section effective April 1, 1987, see section 805(b) of Pub. L.

99-662, set out as an Effective Date of 1986 Amendment note under

section 984 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 9505.

-End-

-CITE-

33 USC Sec. 989 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 989. Special reports

-STATUTE-

(a) Repealed. Pub. L. 104-66, title I, Sec. 1121(j), Dec. 21,

1995, 109 Stat. 724.

(b) The Corporation, after July 17, 1957, shall submit special

reports to the Congress whenever there is proposed a new feature,

design, or phase of the seaway project, not heretofore included in

estimates, or whenever there is proposed an abandonment of any

feature, design, or phase, heretofore included in estimates,

involving an estimated value exceeding one million dollars, and

such special reports shall include justification for the

modifications.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 10, 68 Stat. 96; Pub. L. 85-108, Sec.

1(5), July 17, 1957, 71 Stat. 308; Pub. L. 104-66, title I, Sec.

1121(j), Dec. 21, 1995, 109 Stat. 724.)

-MISC1-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-66 struck out subsec. (a) which

read as follows: "The Corporation shall submit to the President for

transmission to the Congress at the beginning of each regular

session an annual report of its operations under this chapter."

1957 - Pub. L. 85-108 designated existing provisions as subsec.

(a) and added subsec. (b).

-End-

-CITE-

33 USC Sec. 990 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 19 - SAINT LAWRENCE SEAWAY

-HEAD-

Sec. 990. Offenses and penalties

-STATUTE-

(a) Application of penal statutes

All general penal statutes relating to the larceny, embezzlement,

or conversion, of public moneys or property of the United States

shall apply to the moneys and property of the Corporation.

(b) Frauds and false entries, reports, or statements

Any person who, with intent to defraud the Corporation, or to

deceive any director, officer, or employee of the Corporation or

any officer or employee of the United States, (1) makes any false

entry in any book of the Corporation, or (2) makes any false report

or statement for the Corporation, shall, upon conviction thereof,

be fined not more than $10,000 or imprisoned not more than five

years, or both.

(c) Receipt of compensation, or conspiracy, with intent to defraud,

etc.

Any person who shall receive any compensation, rebate, or reward,

or shall enter into any conspiracy, collusion, or agreement,

express or implied, with intent to defraud the Corporation or

wrongfully and unlawfully to defeat its purposes, shall, on

conviction thereof, be fined not more than $5,000 or imprisoned not

more than five years, or both.

-SOURCE-

(May 13, 1954, ch. 201, Sec. 9, 68 Stat. 96.)

-End-