§984 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Gives the Corporation the authority it needs to run the seaway. It can keep its corporate identity, use a corporate seal that courts will accept, sue and be sued, and make and change rules for running its business. It can make contracts, hire officers, lawyers, and staff and set their pay under chapter 51 and subchapter III of chapter 53 of title 5, and give them duties and powers. It is treated as a resident of the northern federal judicial district of New York for venue purposes. It can buy, lease, condemn, or accept gifts of land and property and sell or lease them. It decides what expenses are needed and how to pay them while following laws for government corporations. It may keep toll revenue to reinvest in the Seaway, provide services and facilities (at reasonable prices) to ships and visitors but not overnight housing, and join with the Saint Lawrence Seaway Authority of Canada to own and run a toll bridge company, with U.S. tolls used only to pay bridge and approach costs, including maintenance, operation, and loan amortization as set by the Secretary of the Treasury. The Corporation will be credited with money from the activities above and may accept transfers under section 9505(c)(1) of title 26, but those transferred amounts can be used only to operate and maintain the works it is required to run under subsection (a) of section 983. Money credited under subsection (a)(12) is available to pay any obligation or expense under this chapter, except as subsection (a)(11) specifically limits.

Title 33, §984

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)For the purpose of carrying out its functions 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 resident 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 business, define their authority and duties, and delegate to them such of the powers vested in the Corporation as the Administrator may determine;

(8)may acquire, by purchase, lease, condemnation, 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 business;

(9)shall determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be incurred, 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.11 So in original. The period probably should be a semicolon.

(11)may provide services and facilities necessary in the maintenance and operation of the seaway, including but not limited to providing, at reasonable prices, services to vessels using the seaway and to visitors to the seaway, but not to include overnight housing accommodations for visitors;

(12)may participate with the Saint Lawrence Seaway Authority of Canada, or its designee, 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 operated under this section shall be applied solely to the cost of the bridge and approaches, including maintenance and operation, amortization of principal and interest, as established by the Secretary of the Treasury; and

(13)22 So in original. There are two pars. designated (13). shall be credited with amounts received from any of the activities authorized by clauses (10) and (11) 33 Clauses (10), (11), and (12) redesignated (11), (12), and (13) by Pub. L. 97–369. 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 operating and maintaining those works which the Corporation is obligated to operate and maintain 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

Notes & Related Subsidiaries

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) relating to acceptance of amounts transferred to the Corporation 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 provisions 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.”

§984 General powers of Corporation

Summary

Title 33, §984

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata