Collapse to view only § 988. Rates of charges or tolls
- § 981. Creation of Corporation
- § 982. Management of Corporation; appointment of Administrator; terms; vacancy; Advisory Board; establishment; membership; meetings; duties; compensation and expenses
- § 983. Functions of Corporation
- § 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 Repealed.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
- § 988. Rates of charges or tolls
- § 988a. Waiver of collection of charges or tolls
- § 989. Special reports
- § 990. Offenses and penalties
§ 981. Creation of Corporation
There is hereby created, subject to the direction and supervision of the Secretary of Transportation, a body corporate to be known as the Great Lakes St. Lawrence Seaway Development Corporation (hereinafter referred to as the “Corporation”).
(May 13, 1954, ch. 201, § 1, 68 Stat. 93; Pub. L. 89–670, § 8(g)(1), Oct. 15, 1966, 80 Stat. 943; Pub. L. 116–260, div. AA, title V, § 512(a)(1), Dec. 27, 2020, 134 Stat. 2756.)
§ 982. Management of Corporation; appointment of Administrator; terms; vacancy; Advisory Board; establishment; membership; meetings; duties; compensation and expenses
(a) The management of the corporation shall be vested in an Administrator who shall be appointed by the President. 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 Great Lakes St. 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.
(May 13, 1954, ch. 201, § 2, 68 Stat. 93; Pub. L. 93–615, § 1, Jan. 2, 1975, 88 Stat. 1977; Pub. L. 112–166, § 2(x), Aug. 10, 2012, 126 Stat. 1289; Pub. L. 116–260, div. AA, title V, § 512(a)(2), Dec. 27, 2020, 134 Stat. 2756.)
§ 983. Functions of Corporation
(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
(May 13, 1954, ch. 201, § 3, 68 Stat. 93; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)
§ 984. General powers of Corporation
(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
1 So in original. The period probably should be a semicolon.
(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
2 So in original. There are two pars. designated (13).
shall be credited with amounts received from any of the activities authorized by clauses (10) and (11) 33 Clauses (10), (11), and (12) redesignated (11), (12), and (13) by Pub. L. 97–369.
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 are available to pay any obligation or expense of the Corporation under this chapter, except as specifically provided in subsection (a)(11).3
(May 13, 1954, ch. 201, § 4, 68 Stat. 94; Pub. L. 85–108, § 1(1)–(3), July 17, 1957, 71 Stat. 307; Pub. L. 92–310, title II, § 232, June 6, 1972, 86 Stat. 214; Pub. L. 97–369, title III, § 311, Dec. 18, 1982, 96 Stat. 1783; Pub. L. 99–662, title XIV, § 805(a)(1)–(3), Nov. 17, 1986, 100 Stat. 4272.)
§ 984a. Repealed. June 28, 1955, ch. 189, § 12(c)(11), 69 Stat. 181
§ 985. Bonds; issuance; maturity; redemption; interest; purchase of obligations by Secretary of the Treasury
(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.
(May 13, 1954, ch. 201, § 5, 68 Stat. 94; Pub. L. 85–108, § 1(4), July 17, 1957, 71 Stat. 307; Pub. L. 91–469, § 43(a), Oct. 21, 1970, 84 Stat. 1038.)
§ 985a. Cancellation of bonds issued under section 985
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.
(Pub. L. 97–369, title III, § 311, Dec. 18, 1982, 96 Stat. 1782.)
§ 986. Payments to States and local governments in lieu of taxes; tax exemption of Corporation
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.
(May 13, 1954, ch. 201, § 7, 68 Stat. 95.)
§ 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
(May 13, 1954, ch. 201, § 8, 68 Stat. 95; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)
§ 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
In the course of its negotiations, or in the establishment, unilaterally, of the rates of charges or tolls as provided in subsection (a), 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.
(May 13, 1954, ch. 201, § 12, 68 Stat. 96; Pub. L. 91–469, § 43(b), Oct. 21, 1970, 84 Stat. 1038; Pub. L. 95–91, title IV, § 402(a)(1)(B), Aug. 4, 1977, 91 Stat. 583; Pub. L. 97–369, title III, § 311, Dec. 18, 1982, 96 Stat. 1782; Pub. L. 100–352, § 6(h), June 27, 1988, 102 Stat. 664.)
§ 988a. Waiver of collection of charges or tolls
(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.
(May 13, 1954, ch. 201, § 13, as added Pub. L. 99–662, title XIV, § 805(a)(4), Nov. 17, 1986, 100 Stat. 4272; amended Pub. L. 103–331, title III, § 339, Sept. 30, 1994, 108 Stat. 2496.)
§ 989. Special reports
(a) Repealed. Pub. L. 104–66, title I, § 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.
(May 13, 1954, ch. 201, § 10, 68 Stat. 96; Pub. L. 85–108, § 1(5), July 17, 1957, 71 Stat. 308; Pub. L. 104–66, title I, § 1121(j), Dec. 21, 1995, 109 Stat. 724.)
§ 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.
(May 13, 1954, ch. 201, § 9, 68 Stat. 96.)