33 U.S.C. § 983 — Functions of Corporation

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- Page 320 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 984 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. tivities with those of the Saint Lawrence Sea- way Authority of Canada and the entity des- ignated by the State of New York, or other li- censee of the Federal Energy Regulatory Com- mission, authorized to construct and operate the dams and power works authorized by the Inter- national Joint Commission in its order of Octo- ber 29, 1952 (docket 68) or any amendment or modification thereof. (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.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Federal Energy Regulatory Commission’’ sub- stituted for ‘‘Federal Power Commission’’ in subsecs. (a)(2) and (b), on authority of Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classi- fied to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare. § 984. General powers of Corporation (a) For the purpose of carrying out its func- tions 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 resi- dent 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 busi- ness, define their authority and duties, and delegate to them such of the powers vested in the Corporation as the Administrator may de- termine; (8) may acquire, by purchase, lease, con- demnation, 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 busi- ness; (9) shall determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be in- curred, 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 nec- essary in the maintenance and operation of the seaway, including but not limited to pro- viding, at reasonable prices, services to vessels using the seaway and to visitors to the sea- way, but not to include overnight housing ac- commodations for visitors; (12) may participate with the Saint Law- rence Seaway Authority of Canada, or its des- ignee, 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 oper- ated under this section shall be applied solely to the cost of the bridge and approaches, in- cluding maintenance and operation, amortiza- tion 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 oper- ating and maintaining those works which the Corporation is obligated to operate and main- tain 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.) Editorial Notes 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, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1986—Subsec. (a)(13). Pub. L. 99–662 added par. (13) re- lating to acceptance of amounts transferred to the Cor- poration 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 provi- sions 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–662, title XIV, § 805(b), Nov. 17, 1986, 100 Stat. 4272, 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.’’