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Title 22 — Foreign Relations and Intercourse

Part 6 · Chapter 51 — Panama Canal

§ 3792. Bases of tolls

Statutory text

(a)

Tolls based on net vessel tons and on displacement tonnage

Tolls on merchant vessels, army and navy transports, colliers, tankers, hospital ships, and supply ships shall be based on net vessel tons of one hundred cubic feet each of actual earning capacity, or its equivalent, determined in accordance with the rules for the measurement of vessels for the Panama Canal, and tolls on other floating craft shall be based on displacement tonnage. The tolls on vessels in ballast without passengers or cargo may be less than the tolls for vessels with passengers or cargo. Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the preceding provisions of this subsection.

(b)

Toll rates prescribed to cover all costs of operation and maintenance of Panama Canal

Tolls shall be prescribed at rates calculated to produce revenues to cover as nearly as practicable all costs of maintaining and operating the Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under section 3714a(c) of this title), together with the facilities and appurtenances related thereto, including unrecovered costs incurred on or after , interest, depreciation, working capital, payments to the Republic of Panama pursuant to paragraph 5 of Article III and paragraph 4(a) and (b) of Article XIII of the Panama Canal Treaty of 1977, and capital for plant replacement, expansion, and improvements. Tolls shall not be prescribed at rates calculated to produce revenues sufficient to cover payments to the Republic of Panama pursuant to paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977.

(c)

Payment of tolls by vessels of United States

Vessels operated by the United States, including vessels of war and auxiliary vessels, and ocean-going training ships owned by the United States and operated by State nautical schools, shall pay tolls.

(d)

Levy of tolls

The levy of tolls is subject to the provisions of section 1 of Article III of the treaty between the United States of America and Great Britain signed , of Article I of the treaty between the United States of America and the Republic of Colombia signed , and of Articles II, III, and VI of the Treaty Concerning Permanent Neutrality and Operation of the Panama Canal, between the United States of America and the Republic of Panama, signed .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Panama Canal Act of 1979

    Pub. L. 96–70 title I § 1602 · 93 Stat. 452

    Enacted · 22 U.S.C. § 3792

    Pub. L. 96–70, title I, § 1602, Sept. 27, 1979, 93 Stat. 489

    Source evidence

    Code source credit
    Pub. L. 96–70, title I, § 1602, Sept. 27, 1979, 93 Stat. 489

    Enacted provision · exact public law section
    Sec. 1602. bases of tolls (a) Tolls on merchant vessels, army and navy transports, 22 USC 3792. colliers, tankers, hospital ships, supply ships, and yachts shall be based on net vessel tons of one hundred cubic feet each of actual earning capacity determined in accordance with the rules for the measurement of vessels for the Panama Canal, and tolls on other floating craft shall be based on displacement tonnage. The tolls on vessels in ballast without passengers or cargo may be less than the tolls for vessels with passengers or cargo. (b) Tolls shall be prescribed at rates calculated to produce revenues to cover as nearly as practicable all costs of maintaining and operating the Panama Canal, together with the facilities and appurtenances related thereto, including unrecovered costs incurred on or after the effective date of this Act, interest, depreciation, payments to the Republic of Panama pursuant to paragraph 5 of Article III and paragraph 4 (a) and (b) of Article XIII of the Panama Canal Treaty of 1977, and capital for plant replacement, expansion, and improvements. Tolls shall not be prescribed at rates calculated to produce revenues sufficient to cover payments to the Republic of Panama pursuant to paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977. (c) Vessels operated by the United States, including vessels of war United States vessels. and auxiliary vessels, and ocean-going training ships owned by the United States and operated by State nautical schools, shall pay tolls. (d) The levy of tolls is subject to the provisions of section 1 of Article III of the treaty between the United States of America and Great Britain signed November 18, 1901, of Article I of the treaty between the United States of America and the Republic of Colombia signed April 6, 1914, and of Articles II, III, and VI of the Treaty Concerning Permanent Neutrality and Operation of the Panama Canal, between the United States of America and the Republic of Panama, signed September 7, 1977.

  2. Pub. L. 100–203 title V § 5427 · 101 Stat. 1330

    Inserted · 22 U.S.C. § 3792(b)

    Pub. L. 100–203 inserted “working capital,” after “depreciation,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–203 inserted “working capital,” after “depreciation,”.

    Enacted provision · exact public law section
    SEC. 5427. BASES OF TOLLS. Section 16020b) (22 U.S.C 3792(b)) is amended by inserting “working capital,” after “depreciation,”.

    Effective date note
    Amendment by Pub. L. 100–203 effective Jan. 1, 1988, see section 5429 of Pub. L. 100–203, set out as a note under section 3712 of this title.

  3. Panama Canal Commission Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 3513 · 106 Stat. 2315

    Inserted · 22 U.S.C. § 3792(a)

    Pub. L. 102–484, § 3513, inserted “, or its equivalent,” after “earning capacity”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–484, § 3513, inserted “, or its equivalent,” after “earning capacity”.

    Enacted provision · exact public law section
    SEC. 3513. VESSEL TONNAGE MEASUREMENT. Section 1602(a) of the Panama Canal Act of 1979 (22 U.S.C. 3792) is amended in the first sentence by inserting “, or its equiva-lent,” after “net vessel tons of one hundred cubic feet each of actual earning capacity”.

  4. Panama Canal Commission Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 3521(b)(2) · 106 Stat. 2315

    Substituted · 22 U.S.C. § 3792(b)

    Pub. L. 102–484, § 3521(b)(2), substituted “Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under section 3714a(c) of this title)” for “Panama Canal”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–484, § 3521(b)(2), substituted “Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under section 3714a(c) of this title)” for “Panama Canal”.

    Enacted provision · exact public law section
    (2) Bases OF tolls.— Section 1602(b) of the Panama Canal Act of 1979 (22 U.S.C. 3792(b)) is amended by striking “Panama Canal,” and inserting “Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under section 1305(c)),”.

  5. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. C title XXXV § 3544 · 111 Stat. 1629

    1. Substituted · 22 U.S.C. § 3792(a)

      Pub. L. 105–85 substituted “and supply ships” for “supply ships, and yachts”

    2. Inserted · 22 U.S.C. § 3792(a)

      Pub. L. 105–85 inserted at end “Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the preceding provisions of this subsection.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–85 substituted “and supply ships” for “supply ships, and yachts” and inserted at end “Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the preceding provisions of this subsection.”

    Enacted provision · exact public law section
    SEC. 3544. TOLLS FOR SMALL VESSELS. Section 1602(a) (22 U.S.C. 3792(a)) is amended— (1) in the first sentence, by striking out “supply ships, and yachts” and inserting in lieu thereof “and supply ships”; and (2) by adding at the end the following new sentence: “Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the preceding provisions of this subsection.”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1987–1997 · 3 rounds

1997

Subsec. (a). Pub. L. 105–85 substituted “and supply ships” for “supply ships, and yachts” and inserted at end “Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the preceding provisions of this subsection.”

1992

Subsec. (a). Pub. L. 102–484, § 3513, inserted “, or its equivalent,” after “earning capacity”.

Subsec. (b). Pub. L. 102–484, § 3521(b)(2), substituted “Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under section 3714a(c) of this title)” for “Panama Canal”.

1987

Subsec. (b). Pub. L. 100–203 inserted “working capital,” after “depreciation,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 effective , see section 5429 of Pub. L. 100–203, set out as a note under section 3712 of this title.

Credits

1979–1997 · 4 acts
  1. 1979Pub. L. 96–70, title I, § 1602, , 93 Stat. 489
  2. 1987Pub. L. 100–203, title V, § 5427, , 101 Stat. 1330–274
  3. 1992Pub. L. 102–484, div. C, title XXXV, §§ 3513, 3521(b)(2), , 106 Stat. 2655, 2657
  4. 1997Pub. L. 105–85, div. C, title XXXV, § 3544, , 111 Stat. 2072.
Show as published

(Pub. L. 96–70, title I, § 1602, , 93 Stat. 489; Pub. L. 100–203, title V, § 5427, , 101 Stat. 1330–274; Pub. L. 102–484, div. C, title XXXV, §§ 3513, 3521(b)(2), , 106 Stat. 2655, 2657; Pub. L. 105–85, div. C, title XXXV, § 3544, , 111 Stat. 2072.)

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