ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

33 U.S.C. § 984General powers of Corporation

submitted 72 years ago by ch. 201 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 515 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives the Corporation continuing legal existence and ordinary corporate powers. It covers suing, rules, contracts, staff, property, expenses, toll revenues, services, a toll bridge, and transferred funds.

(a) To carry out its functions, the Corporation: (1) continues to exist under its corporate name; (2) may adopt and use a corporate seal, which courts must recognize; (3) may sue and be sued in that name; (4) may adopt, change, and repeal bylaws, rules, and regulations for its business and powers; (5) may make needed or advisable contracts and agreements; (6) is treated as an inhabitant and resident of the Northern District of New York for Federal venue laws; (7) may appoint needed officers, attorneys, and employees and set their pay under the cited title 5 provisions, define their authority and duties, and delegate Corporation powers as the Administrator decides; (8) may buy, lease, condemn, or receive by donation real or personal property and interests in it, and may sell, lease, or otherwise dispose of property the Administrator considers necessary; (9) must decide the nature and need for its obligations and expenses and how they are incurred, approved, and paid, subject to laws for Government corporations; (10) may keep toll revenue for eventual reinvestment in the Seaway; (11) may provide needed seaway services and facilities, including reasonably priced services for vessels and visitors, but not overnight visitor housing; (12) may join the Canadian authority or its designee in owning and operating a toll-bridge company, but the United States share of toll revenue must be used only for the bridge and approaches, including maintenance, operation, and repayment of principal and interest, as the Treasury Secretary establishes; and (13) must be credited with amounts received from activities authorized by clauses (10) and (11). It must also accept amounts transferred under 26 U.S.C. 9505(c)(1), but those amounts may be used only to operate and maintain works that subsection 983(a) requires the Corporation to operate and maintain. (b) Amounts credited under subsection (a)(12) may pay any Corporation obligation or expense under this chapter, except as subsection (a)(11) specifically provides.
the actual law source: uscode.house.gov ↗public domain
(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.1

(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)

2 shall be credited with amounts received from any of the activities authorized by clauses (10) and (11) 3 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

Source credit: (May 13, 1954, ch. 201, § 4, 68 Stat. 94; Pub. L. 85–108, § 1(1)–(3), July 17, 1957, 71 Stat. 307; Pub. L. 92–310, title II, § 232, June 6, 1972, 86 Stat. 214; Pub. L. 97–369, title III, § 311, Dec. 18, 1982, 96 Stat. 1783; Pub. L. 99–662, title XIV, § 805(a)(1)–(3), Nov. 17, 1986, 100 Stat. 4272.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of May 13, 1954, ch. 201 · 68 Stat. 94
  • 1957Amended · Pub. L. 85-108 · 71 Stat. 307
  • 1972Amended · Pub. L. 92-310 · 86 Stat. 214
  • 1982Amended · Pub. L. 97-369 · 96 Stat. 1783
  • 1986Amended · Pub. L. 99-662 · 100 Stat. 4272

A history note hasn’t been published yet. The record shows enactment by ch. 201 on 1954-05-13.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case