33 U.S.C. § 988 — Rates of charges or tolls

(a) Negotiation with Canadian authorities; revenue sharing formula; consideration of American financing costs, including interest and debt principal; rules of measurement; hearings and rehearings; approval by President; court review. The Corporation is further authorized and directed to negotiate with the Saint Lawrence Seaway Authority of Canada, or another agency designated by the Government of Canada, an agreement about rules for measuring vessels and cargoes, rates of charges or tolls for using the Saint Lawrence Seaway, and an equitable division of the seaway’s revenues between the Corporation and the Canadian authority. Any revenue-division formula that considers annual debt charges must include the United States’ total financing cost for activities authorized by this chapter, including both interest and principal on the debt, whether or not the Corporation must reimburse that cost. To the extent practicable, rules for measuring vessels and cargoes and rates of charges or tolls may be established or changed only after due notice and a public hearing. If the negotiations do not result in an agreement, the Corporation is authorized and directed to establish those measurement rules and rates unilaterally for works under its administration. However, the Corporation must publish three months’ notice in the Federal Register of any proposal to establish or change the basic measurement rules unilaterally and of any proposal to establish or change the rates of charges or tolls unilaterally. A public hearing must be held during that three-month period. Any establishment or change in the basic measurement rules or rates is subject to the President’s approval and takes effect 30 days after the date of that approval. It is final and conclusive, subject to the review described below. A person aggrieved by the Corporation’s order establishing or changing the rules or rates may, during that 30-day period, apply to the Corporation for a rehearing based on the matter on which the order was entered. The Corporation may grant or deny the rehearing application and may, on rehearing or without another hearing, cancel or modify its order. The Corporation’s action denying rehearing or canceling or modifying its order becomes final and conclusive 30 days after the President approves it, unless during that 30-day period an aggrieved person files a petition for review in the United States Court of Appeals for the circuit where the works covered by the order are located or in the United States Court of Appeals for the District of Columbia. The court where the petition is filed has the same jurisdiction and powers as it has for petitions to review Federal Energy Regulatory Commission orders filed under 16 U.S.C. § 825l. The court’s judgment is final, subject to Supreme Court review by certiorari or certification as provided in 28 U.S.C. § 1254(1) and (2). Filing a rehearing application does not stay the Corporation’s order unless the Corporation specifically orders a stay. Filing a review petition does not stay the Corporation’s order unless the court specifically orders a stay. (b) Principles governing establishment of rates. In negotiating, or in unilaterally establishing rates under subsection (a), the Corporation must follow these principles: (1) Rates must be fair and equitable. They must give due consideration to encouraging increased use of the navigation facilities and to the special character of bulk agricultural, mineral, and other raw materials. (2) Rates must vary according to the cargo’s character, so that, as far as practicable, each cargo classification receives relative benefits from using the facilities. (3) Rates for vessels in ballast without passengers or cargo may be lower than rates for vessels with passengers or cargo. (4) The prescribed rates must be calculated to cover, as nearly as practicable, all costs of operating and maintaining the works under the Corporation’s administration, including depreciation and payments in place of taxes.