989.

(a) Negotiation with Canadian authorities; rules of measurement; hearings and rehearings; approval by President; court review. (b) Principles governing establishment of rates. Annual and special reports.

990. Offenses and penalties.

(a) Application of penal statutes.

(b) Frauds and false entries, reports, or statements.

(c) Receipt of compensation, or conspiracy, with intent to defraud, etc.

§ 981. Creation of Saint Lawrence Seaway Development Corporation.

There is created, subject to the direction and supervision of the President, or the head of such agency as he may designate, a body corporate to be known as the Saint Lawrence Seaway Development Corporation (hereinafter referred to as the "Corporation"). (May 13, 1954, ch. 201, § 1, 68 Stat. 93.)

SEPARABILITY OF PROVISIONS

Section 11 of act May 13, 1954, provided: "If any provision of this Act [this chapter, and amendment to section 846 of Title 31] or the application 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 circumstances other than those to which it is held invalid shall not be affected thereby."

Ex. ORD. No. 10534. DIRECTION AND SUPERVISION Ex. Ord. No. 10534, June 9, 1954, 19 F. R. 3413, as amended by Ex. Ord. No. 10771, June 23, 1958, 23 F. R. 4525, provided:

SECTION 1. The Saint Lawrence Seaway Development Corporation (hereinafter referred to as the Corporation) shall be subject to the direction and supervision of the Secretary of Defense: Provided, That direction and supervision of the Corporation by the Secretary of Defense under this section shall be limited to those functions of the Corporation which directly and exclusively concern the construction of the Saint Lawrence River navigation project, as authorized by subsection (a) of section 3 of the act of May 13, 1954, 68 Stat. 93 (33 U. S. C. A. § 983 (a)), and shall terminate upon the completion of the construction so authorized.

SEC. 2. (a) Except as otherwise provided in section 1 of this order, the Secretary of Commerce shall exercise the direction and supervision, with respect to the Corporation, provided for in the said section 1 of the act of May 13, 1954 [this section].

(b) Direction and supervision of the Corporation by the Secretary of Commerce under subsection (a) of this section shall extend, but shall not be limited, to: (1) the general policies of the Corporation, (2) the operation and maintenance of the Saint Lawrence Seaway, (3) the provision of services and facilities necessary in the operation and maintenance of the Seaway, and (4) the rules for the measurement of vessels and cargoes and the rates of charges or tolls to be levied for the use of the Seaway.

SEC. 3. The Department of Commerce shall assist the Corporation in encouraging the development of traffic and maximum utilization of the Seaway, subject to the principles set forth in section 12 (b) of the said act of May 13, 1954 [section 988 of this title].

SEC. 4. The Secretary of Defense and the Secretary of Commerce shall keep each other fully and currently informed on those matters, including prospective actions, within their respective areas of responsibility under sections 1 and 2 of this order which affect the responsibility of the other thereunder.

§ 982. Management of Corporation.

(a) Appointment of Administrator.

The management of the Corporation shall be vested in an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate.

(b) Deputy Administrator; appointment; duties.

To assist the Administrator in the execution of the functions vested in the Corporation there shall be a Deputy Administrator who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall perform such duties as the Administrator may from time to time designate, and shall be acting Administrator and perform the functions of the Administrator during the absence or disability of the Administrator or in the event of a vacancy in the Office of the Administrator.

(c) Advisory Board; composition; meetings; duties; compensation and expenses.

There is established the Advisory Board of the Saint Lawrence Seaway Development 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 connection with design and construction of facilities and the establishment of rules of measurement 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 compensation of not to exceed $50 per diem when actually engaged in the performance of their duties, together with their necessary traveling expenses while going to and coming from meetings. (May 13, 1954, ch. 201, § 2, 68 Stat. 93; July 31, 1956, ch. 804, title I, §§ 106 (a), 107 (a), 70 Stat. 738.)

CODIFICATION

Provisions of subsecs. (a) and (b) which prescribed the compensation of the Administrator and the Deputy Administrator were omitted to conform to the provisions of act July 31, 1956, and are now covered by sections 2205 (a) and 2206 (a) of Title 5, Executive Departments and Government Officers and Employees.

§ 983. Functions of Corporation.

(a) Construction of deep-water navigation works in Saint Lawrence River; conditions precedent. The Corporation is authorized and directed to construct, in United States territory, deep-water navigation works substantially in accordance 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 Temporary Great Lakes-Saint Lawrence Basin Committee and the United States Saint Lawrence Advisory Committee, in the International Rapids 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 Seaway 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 (assented 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 Canadian portions of the navigation works authorized by section 10, chapter 24 of the acts of the fifth session of the Twenty-first Parliament of Canada 15-16, George VI, 1951, as nearly as possible concurrently with the completion of the works authorized by this section;

(2) the Corporation has received assurances satisfactory to it that the State of New York, or an entity duly designated by it, or other licensee of the Federal Power Commission, in conjunction with an appropriate agency in Canada, as nearly as possible concurrently with the navigation works herein authorized, will construct and complete the dams and power works approved by the International Joint Commission in its order of October 29, 1952 (docket 68) or any amendment or modification thereof.

(b) Coordination of activities regarding power proj

ects.

The Corporation shall make necessary arrangements to assure the coordination of its activities with those of the Saint Lawrence Seaway Authority of Canada and the entity designated by the State of New York, or other licensee of the Federal Power Commission, authorized to construct and operate the dams and power works authorized by the International Joint Commission in its order of October 29, 1952 (docket 68) or any amendment or modification thereof. (May 13, 1954, ch. 201, § 3, 68 Stat. 93.)

§ 984. General powers of Corporation.

(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 the Classification Act of 1949, of such officers, attorneys, and employees as may be necessary for the conduct of its business, define their authority and duties, delegate to them such of the powers vested in the Corporation as the Administrator may determine, require bonds of such of them as the Administrator may designate, and fix the penalties and pay the premiums on such bonds;

(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 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;

(11) 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

(12) shall be credited with amounts received from any of the activities authorized by clauses (10) and (11) of this subsection.

(b) Amounts credited under subsection (a) (12) of this section are available to pay any obligation or expense of the Corporation under this chapter, except as specifically provided in subsection (a) (11) of this section. (May 13, 1954, ch. 201, § 4, 68 Stat. 94; July 17, 1957, Pub. L. 85-108, § 1 (1)—(3), 71 Stat. 307.)

REFERENCES IN TEXT

The Classification Act of 1949, referred to in the text of item (7), is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1957-Subsec. (a) (10)-(12) and subsec. (b) added by Pub. L. 85-108.

the event that such negotiations shall not result in agreement, the Corporation is authorized and directed to establish unilaterally such rules of measurement and rates of charges or tolls for the use of the works under its administration: Provided, however, That the Corporation shall give three months' notice, by publication in the Federal Register, of any proposals to establish or change unilaterally the basic rules of measurement and of any proposals to establish or change unilaterally the rates of charges or tolls, during which period a public hearing shall be conducted. Any such establishment of or changes in basic rules of measurement or rates of charges or tolls shall be subject to and shall take effect thirty days following the date of approval thereof by the President, and shall be final and conclusive, subject to review as hereinafter provided. Any person aggrieved by an order of the Corporation establishing or changing such rules or rates may, within such thirty-day period, apply to the Corporation for a rehearing of the matter upon the basis of which the order was entered. The Corporation shall have power to grant or deny the application for rehearing and upon such rehearing or without further hearing to abrogate or modify its order. The action of the Corporation in denying an application for rehearing or in abrogating or modifying its order shall be final and conclusive thirty days after its approval by the President unless within such thirty-day period a petition for review is filed by a person aggrieved by such action in the United States Court of Appeals for the circuit in which the works to which the order applies are located or in the United States Court of Appeals for the District of Columbia. The court in which such petition is filed shall have the same jurisdiction and powers as in the case of petitions to review orders of the Federal Power Commission filed under section 8251 of Title 16. The judgment of the court shall be final subject to review by the Supreme Court upon certiorari or certification as provided in sections 1254 (1) and 1254 (3) of Title 28. The filing of an application for rehearing shall not, unless specifically ordered by the Corporation, operate as a stay of the Corporation's order. The filing of a petition for review shall not, unless specifically ordered by the court, operate as a stay of the Corporation's order.

(b) Principles governing establishment of rates.

In the course of its negotiations, or in the establishment, unilaterally, of the rates of charges or tolls as provided in subsection (a) of this section, the Corporation shall be guided by the following principles:

(1) That the rates shall be fair and equitable and shall give due consideration to encouragement of increased utilization of the navigation facilities, and to the special character of bulk agricultural, mineral, and other raw materials.

(2) That rates shall vary according to the character of cargo with the view that each classification of cargo shall so far as practicable derive relative benefits from the use of these facilities.

(3) That the rates on vessels in ballast without passengers or cargo may be less than the rates for vessels with passengers or cargo.

(4) That the rates prescribed shall be calculated to cover, as nearly as practicable, all costs of operating and maintaining the works under the administration of the Corporation, including depreciation, payment of interest on the obligations of the Corporation, and payments in lieu of taxes.

(5) That the rates shall provide, in addition, for the Corporation revenues sufficient to amortize the principal of the debts and obligations of the Corporation over a period not to exceed fifty years.

(May 13, 1954, ch. 201, § 12, 68 Stat. 96.)

CROSS REFERENCES

Department of Commerce to assist Corporation in encouraging development of traffic, see Ex. Ord. No. 10534, set out as note under section 981 of this title.

§ 989. Annual and special reports.

(a) The Corporation shall submit to the President for transmission to the Congress at the beginning of each regular session an annual report of its operations under this chapter.

(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, and such special reports shall include justification for the modifications. (May 13, 1954, ch. 201, § 10, 68 Stat. 96; July 17, 1957, Pub. L. 85-108, § 1 (5), 71 Stat. 308.) AMENDMENTS

1957-Pub. L. 85-108 amended section by designating existing provisions as subsec. (a) and adding subsec. (b). § 990. Offenses and penalties.

(a) Application of penal statutes.

All general penal statutes relating to the larceny, embezzlement, or conversion, of public moneys or property of the United States shall apply to the moneys and property of the Corporation.

(b) Frauds and false entries, reports or statements. Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States, (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both. (c) Receipt of compensation, or conspiracy, with intent to defraud, etc.

Any person who shall receive any compensation, rebate, or reward, or shall enter into any conspiracy, collusion, or agreement, express or implied, with intent to defraud the Corporation or wrongfully and unlawfully to defeat its purposes, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both. (May 13, 1954, ch. 201, § 9, 68 Stat. 96.)

CROSS REFERENCES

Embezzlement, theft, conversion, etc., see section 641 et seq., of Title 18, Crimes and Criminal Procedure.