§3792 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Charge tolls on merchant ships, army and navy transports, colliers, tankers, hospital ships, and supply ships by measuring their earning space in net tons, where one net ton equals 100 cubic feet and is measured by the Panama Canal rules. Other floating craft are charged by displacement tonnage. Ships sailing without cargo or passengers may pay less. Small vessels, including yachts as the Commission defines them, can have special rates set by the Commission without following those measurement rules. Set tolls to bring in enough money to cover nearly all costs of running and keeping the Panama Canal, including amounts allowed from the Panama Canal Dissolution Fund under section 3714a(c) of this title, unrecovered costs from on or after October 1, 1979, interest, depreciation, working capital, payments to the Republic of Panama required by paragraph 5 of Article III and paragraph 4(a) and (b) of Article XIII of the Panama Canal Treaty of 1977, and funds for replacing, expanding, and improving facilities. Tolls must not be set to cover payments required by paragraph 4(c) of Article XIII of that treaty. United States vessels, including warships, auxiliary ships, and ocean-going training ships owned by the United States and run by State nautical schools, must pay tolls. Levying tolls must follow the rules in the treaties signed November 18, 1901 (U.S. and Great Britain), April 6, 1914 (U.S. and Colombia), and September 7, 1977 (U.S. and Panama).

Title 22, §3792

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Tolls on merchant vessels, army and navy transports, colliers, tankers, hospital ships, and supply ships shall be based on net vessel tons of one hundred cubic feet each of actual earning capacity, or its equivalent, determined in accordance with the rules for the measurement of vessels for the Panama Canal, and tolls on other floating craft shall be based on displacement tonnage. The tolls on vessels in ballast without passengers or cargo may be less than the tolls for vessels with passengers or cargo. Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the preceding provisions of this subsection.

(b)Tolls shall be prescribed at rates calculated to produce revenues to cover as nearly as practicable all costs of maintaining and operating the Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under section 3714a(c) of this title), together with the facilities and appurtenances related thereto, including unrecovered costs incurred on or after October 1, 1979, interest, depreciation, working capital, payments to the Republic of Panama pursuant to paragraph 5 of Article III and paragraph 4(a) and (b) of Article XIII of the Panama Canal Treaty of 1977, and capital for plant replacement, expansion, and improvements. Tolls shall not be prescribed at rates calculated to produce revenues sufficient to cover payments to the Republic of Panama pursuant to paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977.

(c)Vessels operated by the United States, including vessels of war and auxiliary vessels, and ocean-going training ships owned by the United States and operated by State nautical schools, shall pay tolls.

(d)The levy of tolls is subject to the provisions of section 1 of Article III of the treaty between the United States of America and Great Britain signed November 18, 1901, of Article I of the treaty between the United States of America and the Republic of Colombia signed April 6, 1914, and of Articles II, III, and VI of the Treaty Concerning Permanent Neutrality and Operation of the Panama Canal, between the United States of America and the Republic of Panama, signed September 7, 1977.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1997—Subsec. (a). Pub. L. 105–85 substituted “and supply ships” for “supply ships, and yachts” and inserted at end “Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the preceding provisions of this subsection.” 1992—Subsec. (a). Pub. L. 102–484, § 3513, inserted “, or its equivalent,” after “earning capacity”. Subsec. (b). Pub. L. 102–484, § 3521(b)(2), substituted “Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under section 3714a(c) of this title)” for “Panama Canal”. 1987—Subsec. (b). Pub. L. 100–203 inserted “working capital,” after “depreciation,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–203 effective Jan. 1, 1988, see section 5429 of Pub. L. 100–203, set out as a note under section 3712 of this title.

§3792 Bases of tolls