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46 U.S.C. § 60507Suspension of free passage through Saint Marys Falls Canal

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 407 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President can suspend free passage through the Saint Marys Falls Canal for a foreign country's ships. This happens only if that country blocks or unfairly taxes U.S. ships on its own waterways. During a suspension, tolls up to $2 per ton and $5 per passenger apply, with an Ogdensburg-area exception.

(a) Purpose. This section exists to secure reciprocal advantages for United States citizens, ports, and vessels. (b) General Authority. If the President is satisfied that U.S. vessels, or passengers or cargo being carried to a U.S. port, are being blocked from passing through a canal or lock connected to the Saint Lawrence River, the Great Lakes, or their connecting waterways — or are being burdened with tolls or other charges that are unreasonable compared to the free passage the Saint Marys Falls Canal allows vessels of every country — the President may respond by proclamation. The President may suspend the right of free passage through the Saint Marys Falls Canal for vessels owned by people from the country responsible for the prohibition, tolls, or burdens, and for passengers and cargo headed to that country's ports, even when they travel on U.S. vessels. The suspension lasts as long, and covers as much, as the President thinks is appropriate. (c) Imposition of Toll. (1) During a suspension, the President must set a toll — no more than $2 per ton of cargo and no more than $5 per passenger. (2) Exception: this toll cannot be charged on passengers or cargo landed at Ogdensburg, New York, or at any port west of Ogdensburg and south of a line running from New York's northern border through the Saint Lawrence River, the Great Lakes, and their connecting channels, to Minnesota's northern border. (d) Collection of Toll. (1) The Secretary of Homeland Security writes the regulations for collecting the toll, and may require a vessel's master to swear a statement about how much and what kind of cargo is aboard, how many passengers there are, and where the passengers and cargo are headed. (2) Proof of landing: the Secretary may also require satisfactory proof that passengers and cargo actually landed at one of the exempt ports described in subsection (c)(2). Until that proof is given, the Secretary may assume they did not land there — meaning the toll that would otherwise apply becomes a lien the government can enforce against the vessel whenever it is found in U.S. waters.
the actual law source: uscode.house.gov ↗public domain
(a)Purpose.—

The purpose of this section is to secure reciprocal advantages for the citizens, ports, and vessels of the United States.

(b)General Authority.—

When the President is satisfied that vessels of the United States, or passengers or cargo being transported to a port of the United States, are prohibited from passing through a canal or lock connected with the navigation of the Saint Lawrence River, the Great Lakes, or their connecting waterways, or burdened in that passage by tolls or other means that are unreasonable in view of the free passage through the Saint Marys Falls Canal allowed to vessels of all countries, the President by proclamation may suspend the right of free passage through the Saint Marys Falls Canal for vessels owned by subjects of the country imposing the prohibition, tolls, or other burdens and for passengers and cargo being transported to the ports of that country, even when carried in vessels of the United States. The suspension shall apply to the extent and for the time the President considers appropriate.

(c)Imposition of Toll.—
(1)In general.—

During a suspension under this section, the President shall impose a toll of not more than $2 per ton on cargo and not more than $5 on each passenger.

(2)Exceptions.—

Notwithstanding paragraph (1), a toll may not be imposed on passengers or cargo landed at Ogdensburg, New York, or any port west of Ogdensburg and south of a line drawn from the northern boundary of New York through the Saint Lawrence River, the Great Lakes, and their connecting channels to the northern boundary of Minnesota.

(d)Collection of Toll.—
(1)In general.—

A toll imposed under this section shall be collected under regulations prescribed by the Secretary of Homeland Security. The Secretary may require the master of a vessel to provide a sworn statement of the amount and kind of cargo, the number of passengers, and the destination of the passengers and cargo.

(2)Proof of landing.—

When applicable, the Secretary also may require satisfactory proof that the passengers and cargo were landed at a port described in subsection (c)(2). Until that proof is provided, the Secretary may assume the passengers and cargo were not landed at such a port, and the amount of a toll that otherwise would be imposed is a lien enforceable against the vessel when found in the waters of the United States.

Source credit: (Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1682.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1682

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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