33 U.S.C. § 981 — Creation of Corporation

Page 318 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 949 Editorial Notes AMENDMENTS 1984—Pub. L. 98–426 inserted after first sentence ‘‘The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for com- pensation is not a violation of this section.’’, sub- stituted ‘‘$1,000’’ for ‘‘$100’’, and substituted ‘‘$5,000’’ for ‘‘$1,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title. EFFECTIVE DATE Section effective 30 days after Oct. 27, 1972, see sec- tion 22 of Pub. L. 92–576, set out as an Effective Date of 1972 Amendment note under section 902 of this title. § 949. Effect of unconstitutionality If any part of this chapter is adjudged uncon- stitutional by the courts, and such adjudication has the effect of invalidating any payment of compensation under this chapter, the period in- tervening between the time the injury was sus- tained and the time of such adjudication shall not be computed as a part of the time prescribed by law for the commencement of any action against the employer in respect of such injury; but the amount of any compensation paid under this chapter on account of such injury shall be deducted from the amount of damages awarded in such action in respect of such injury. (Mar. 4, 1927, ch. 509, § 50 formerly § 49, 44 Stat. 1446; renumbered § 50, Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263.) § 950. Separability If any provision of this chapter is declared un- constitutional or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons and circumstances shall not be affected thereby. (Mar. 4, 1927, ch. 509, § 51 formerly § 50, 44 Stat. 1446; renumbered § 51, Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263.) CHAPTER 19—SAINT LAWRENCE SEAWAY Sec. 981. Creation of Corporation. 982. Management of Corporation; appointment of Administrator; terms; vacancy; Advisory Board; establishment; membership; meet- ings; duties; compensation and expenses 983. Functions of Corporation. 984. General powers of Corporation. 984a. Repealed. 985. Bonds; issuance; maturity; redemption; inter- est; 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 direc- tion and supervision of the Secretary of Trans- portation, a body corporate to be known as the Great Lakes St. Lawrence Seaway Development Corporation (hereinafter referred to as the ‘‘Cor- poration’’). (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.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corporation’’. 1966—Pub. L. 89–670 substituted ‘‘Secretary of Trans- portation’’ for ‘‘President, or the head of such agency as he may designate’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by the President and published in the Fed- eral Register, see section 16(a), formerly § 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 provi- sion of this Act [enacting this chapter and amending section 846 of Title 31, Money and Finance] or the appli- cation 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 cir- cumstances other than those to which it is held invalid shall not be affected thereby.’’ REFERENCES TO SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION Pub. L. 116–260, div. AA, title V, § 512(b), Dec. 27, 2020, 134 Stat. 2756, provided that: ‘‘Any reference to the Saint Lawrence Seaway Development Corporation in any law, regulation, document, record, Executive order, or other paper of the United States shall be deemed to be a reference to the Great Lakes St. Lawrence Seaway Development Corporation.’’ ADMINISTRATOR TO REPORT DIRECTLY TO SECRETARY OF TRANSPORTATION Pub. L. 89–670, § 8(g)(2), which provided that the Ad- ministrator of the St. Lawrence Seaway Development Corporation report directly to the Secretary notwith- standing any other provision of the Department of Transportation Act (Pub. L. 89–670), was repealed by Pub. L. 97–449, § 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. Executive Documents EXECUTIVE ORDER NO. 10534 Ex. Ord. No. 10534, June 9, 1954, 19 F.R. 3413, as amend- ed 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. Page 319 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 983 § 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 ap- pointed by the President. Any Administrator ap- pointed to fill a vacancy in that position prior to the expiration of the term for which his pred- ecessor 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 Develop- ment 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 con- nection with design and construction of facili- ties and the establishment of rules of measure- ment 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 com- pensation of not to exceed $50 per diem when ac- tually engaged in the performance of their du- ties, together with their necessary traveling ex- penses while going to and coming from meet- ings. (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.) Editorial Notes AMENDMENTS 2020—Subsec. (b). Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corpora- tion’’. 2012—Subsec. (a). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate, for a term of seven years’’ before period at end of first sentence. 1975—Subsec. (a). Pub. L. 93–615, § 1(a), amended sub- sec. (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 posi- tion of the Administrator prior to the expiration of the term for which his predecessor was appointed. Subsecs. (b), (c). Pub. L. 93–615, § 1(b), redesignated subsec. (c) as (b). Former subsec. (b), relating to the ap- pointment and duties of a Deputy Administrator, was repealed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 93–615, § 2, Jan. 2, 1975, 88 Stat. 1977, 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 appoint- ment of an Administrator of the Saint Lawrence Sea- way 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 subse- quent appointment to such position.’’ TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to termi- nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es- tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac- tion prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its du- ration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Em- ployees. § 983. Functions of Corporation (a) Construction of deep-water navigation works in Saint Lawrence River; conditions prece- dent The Corporation is authorized and directed to construct, in United States territory, deep- water navigation works substantially in accord- ance 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 Tem- porary Great Lakes-Saint Lawrence Basin Com- mittee and the United States Saint Lawrence Advisory Committee, in the International Rap- ids 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 Sea- way 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 (as- sented 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 Ca- nadian portions of the navigation works au- thorized by section 10, chapter 24 of the acts of the fifth session of the Twenty-first Par- liament of Canada 15–16, George VI, 1951, as nearly as possible concurrently with the com- pletion of the works authorized by this sec- tion; (2) the Corporation has received assurances satisfactory to it that the State of New York, or an entity duly designated by it, or other li- censee of the Federal Energy Regulatory Com- mission, in conjunction with an appropriate agency in Canada, as nearly as possible con- currently with the navigation works herein authorized, will construct and complete the dams and power works approved by the Inter- national Joint Commission in its order of Oc- tober 29, 1952 (docket 68) or any amendment or modification thereof. (b) Coordination of activities regarding power projects The Corporation shall make necessary ar- rangements to assure the coordination of its ac-