46 U.S.C. § 70032 — Delegation of ports and waterways authorities in Saint Lawrence Seaway

submitted 8 years ago by Pub. L. 115-282 to r/title-46-SHIPPING · 197 words · no verdicts yet

in plain englishAI-generated · not legal advice

Authority over the Saint Lawrence Seaway generally can only go to one agency: the Great Lakes St. Lawrence Seaway Development Corporation. Other related powers must also go to that Corporation, whenever needed to run the Seaway well. The Secretary still keeps a few specific safety and security powers directly.

(a) In General. Except as subsection (b) allows, the Secretary's authority under sections 70001, 70002, 70003, 70004, and 70011 cannot be given to any agency but the Great Lakes St. Lawrence Seaway Development Corporation, when it comes to the Saint Lawrence Seaway. Any other authority the Secretary holds under subchapters I through III and this subchapter must be delegated to that Corporation, to the extent the Secretary decides this is necessary to properly run the Seaway. (b) Exception. After talking with the Secretary or the head of the agency that received the delegation in subsection (a), the Secretary of the department running the Coast Guard may still: issue and enforce special orders under section 70002; set up water or waterfront safety zones or other access controls to protect a vessel, structure, waters, or shore area, as section 70011(b)(3) allows; and act to secure ports, harbors, and coastal facilities under section 70116.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

Except as provided in subsection (b), the authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.

(b)Exception.—

The Secretary of the department in which the Coast Guard is operating, after consultation with the Secretary or the head of an agency to which the Secretary has delegated the authorities in subsection (a), may—

(1)

issue and enforce special orders in accordance with section 70002;

(2)

establish water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel structure, waters, or shore area, as permitted in section 70011(b)(3); and

(3)

take actions for port, harbor, and coastal facility security in accordance with section 70116.

Source credit: (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–260, div. AA, title V, § 512(c)(6)(F), Dec. 27, 2020, 134 Stat. 2757; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(5), Jan. 1, 2021, 134 Stat. 4753; Pub. L. 119–60, div. G, title LXXIII, § 7321(e), Dec. 18, 2025, 139 Stat. 1767.)

history & why it existsrecord from the source credit

2018Enacted · Pub. L. 115-282 · 132 Stat. 4261
2020Amended · Pub. L. 116-260 · 134 Stat. 2757
2021Amended · Pub. L. 116-283 · 134 Stat. 4753
2025Amended · Pub. L. 119-60 · 139 Stat. 1767

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-282 on 2018-12-04.

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