33 U.S.C. § 988a — Waiver of collection of charges or tolls

Page 323 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 989 Editorial Notes 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 suffi- cient to amortize the principal of the debts and obliga- tions of the Corporation over a period of not to exceed 50 years. 1970—Subsec. (a). Pub. L. 91–469, § 43(b)(1), inserted re- quirement 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 financ- ing activities authorized by this chapter, whether or not reimbursable by the Corporation. Subsec. (b)(4). Pub. L. 91–469, § 43(b)(2), struck out ‘‘, payment of interest on the obligations of the Cor- poration,’’ after ‘‘depreciation’’. Statutory Notes and Related Subsidiaries 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 effec- tive date or affect right to review or manner of review- ing judgment or decree of court which was entered be- fore such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of Title 28, Judici- ary and Judicial Procedure. TRANSFER OF FUNCTIONS ‘‘Federal Energy Regulatory Commission’’ sub- stituted for ‘‘Federal Power Commission’’ in subsec. (a) on authority of Pub. L. 95–91, title IV, § 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. 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 au- thorized 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, § 47(d), Nov. 17, 1988, 102 Stat. 4042, provided that: ‘‘(1) STUDY OF FINANCING NAVIGATIONAL IMPROVE- MENTS.—The Secretary, in cooperation with other Fed- eral agencies and private persons, is authorized and di- rected to contract with an independent party to con- duct a study of cost recovery options and alternative methods of financing navigational improvements on the Great Lakes connecting channels and Saint Law- rence Seaway, including modernization of the Eisen- hower 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 Sec- retary shall transmit to Congress a report on the re- sults of the study carried out under this subsection to- gether 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, § 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 Sec- retary of State, in consultation with the Secretary of Transportation, shall initiate discussions with the Gov- ernment 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 ef- fects upon waterborne commerce in the United States of any proposed reduction or elimination in tolls.’’ § 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 pursu- ant 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 para- graph (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.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–331 substituted ‘‘Waiver of collec- tion’’ for ‘‘Rebate of’’ in section catchline and amended text generally. Prior to amendment, text read as fol- lows: ‘‘(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 de- fined 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 de- scribed 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.’’ Statutory Notes and Related Subsidiaries 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. § 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,