§ 988. Rates of charges or tolls
1,436 words·~7 min read·
/usc/title-33/section-988A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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), 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.)
Connections15 cite this · traces to 2
Cited by 15 sections · top 10
U.S. Code
statutes-at-large
- Public Law 91–469
- Public Law 97–369Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1983, and for other purposes
- Public Law 100–676To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 99–662To provide for the conservation and development of water and related resources and the improvement and rehabilitation of the Nation’s water resources infrastructure
- Public Law 101–101Making appropriations for energy and water development for the fiscal year ending September 30, 1990, and for other purposes
- Public Law 100–352To improve the administration of justice by providing greater discretion to the Supreme Court in selecting the cases it will review, and for other purposes
Traces to 2 documents
24 references not yet in our index
- May 13, 1954, ch. 201, § 12
- 68 Stat. 96
- Pub. L. 91–469, § 43(b)
- 84 Stat. 1038
- Pub. L. 95–91, title IV, § 402(a)(1)(B)
- 91 Stat. 583
- Pub. L. 97–369, title III, § 311
- 96 Stat. 1782
- Pub. L. 100–352, § 6(h)
- 102 Stat. 664
- Pub. L. 100–352
- Pub. L. 97–369
- Pub. L. 91–469, § 43(b)(1)
- Pub. L. 91–469, § 43(b)(2)
- section 7 of Pub. L. 100–352
- Pub. L. 101–101, title I
- 103 Stat. 642
- section 47(d) of Public Law 100–676
- Public Law 99–662
- 100 Stat. 4082
- Pub. L. 100–676, § 47(d)
- 102 Stat. 4042
- Pub. L. 99–662, title XIV, § 1406
- 100 Stat. 4272
Citation graph
cites case law
§ 988
Rates of charges or tolls
Stat.×7
U.S.C.×6
Stat. Comp.×2
ActMay 13, 1954, ch. 201, § 12
Stat.68 Stat. 96
Pub. L.Pub. L. 91–469, § 43(b)
Stat.84 Stat. 1038
Pub. L.Pub. L. 95–91, title IV, § 402(a)(1)(B)
Cites 26 · showing 7Cited by 15 across 3 sources