B-122191, DECEMBER 29, 1954, 34 COMP. GEN. 309

B-122191: Dec 29, 1954

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CONTEMPLATES THAT FUNDS AVAILABLE TO THE CORPORATION MAY BE USED FOR MINOR DREDGING OPERATIONS AND RELOCATION OF RAILROAD TRACKAGE ON THE CANADIAN SIDE OF THE INTERNATIONAL BOUNDARY PROVIDED THEY ARE ANCILLARY TO MAJOR WORKS REQUIRED TO BE CONSTRUCTED IN UNITED STATES TERRITORY. 1954: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24. LAWRENCE SEAWAY DEVELOPMENT CORPORATION PROPERLY MAY BE USED TO CARRY OUT CERTAIN MINOR WORKS ON THE CANADIAN SIDE OF THE INTERNATIONAL BOUNDARY WHERE THESE WORKS ARE CLOSELY RELATED AND ANCILLARY TO MAJOR WORKS ON THE UNITED STATES SIDE OF THE BOUNDARY. (A) THE CORPORATION IS AUTHORIZED AND DIRECTED TO CONSTRUCT. * * * THREE EXAMPLES OF WORK REQUIRING PERFORMANCE ON THE CANADIAN SIDE OF THE BORDER ARE OUTLINED IN YOUR LETTER.

B-122191, DECEMBER 29, 1954, 34 COMP. GEN. 309

APPROPRIATIONS - SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION - CONSTRUCTION OF MINOR ANCILLARY FACILITIES ON CANADIAN SIDE OF BOUNDARY SECTION 3 (A) OF THE ACT OF MAY 13, 1954, WHICH AUTHORIZES THE SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION TO CONSTRUCT IN UNITED STATES TERRITORY CERTAIN DEEP-WATER NAVIGATION WORKS IN THE INTERNATIONAL RAPIDS SECTION OF THE SAINT LAWRENCE RIVER, CONTEMPLATES THAT FUNDS AVAILABLE TO THE CORPORATION MAY BE USED FOR MINOR DREDGING OPERATIONS AND RELOCATION OF RAILROAD TRACKAGE ON THE CANADIAN SIDE OF THE INTERNATIONAL BOUNDARY PROVIDED THEY ARE ANCILLARY TO MAJOR WORKS REQUIRED TO BE CONSTRUCTED IN UNITED STATES TERRITORY.

COMPTROLLER GENERAL CAMPBELL TO THE ADMINISTRATOR, SAINT LAWRENCE SEAWAY CORPORATION, DECEMBER 29, 1954:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24, 1954, REQUESTING TO BE ADVISED WHETHER, UNDER SECTION 3 (A) OF THE ACT OF MAY 13, 1954, 68 STAT. 93, FUNDS AVAILABLE TO THE ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION PROPERLY MAY BE USED TO CARRY OUT CERTAIN MINOR WORKS ON THE CANADIAN SIDE OF THE INTERNATIONAL BOUNDARY WHERE THESE WORKS ARE CLOSELY RELATED AND ANCILLARY TO MAJOR WORKS ON THE UNITED STATES SIDE OF THE BOUNDARY.

SECTION 3 (A) OF THE ACT OF MAY 13, 1954, PROVIDES, IN PART, AS FOLLOWS:

SEC. 3. (A) THE CORPORATION IS AUTHORIZED AND DIRECTED TO CONSTRUCT, IN UNITED STATES TERRITORY, DEEP-WATER NAVIGATION WORKS SUBSTANTIALLY IN ACCORDANCE WITH THE " CONTROLLED SINGLE STAGE PROJECT, 238-242" (WITH A CONTROLLING DEPTH OF TWENTY-SEVEN FEET IN CHANNELS AND CANALS AND LOCKS AT LEAST EIGHT HUNDRED FEET LONG, EIGHTY FEET WIDE, AND THIRTY FEET OVER THE SILLS), DESIGNATED AS "WORKS SOLELY FOR NAVIGATION" IN THE JOINT REPORT DATED JANUARY 3, 1941, OF THE CANADIAN TEMPORARY GREAT LAKES-SAINT LAWRENCE BASIN COMMITTEE AND THE UNITED STATES SAINT LAWRENCE ADVISORY COMMITTEE, IN THE INTERNATIONAL RAPIDS SECTION OF THE SAINT LAWRENCE RIVER TOGETHER WITH NECESSARY DREDGING IN THE THOUSAND ISLANDS SECTION; * * *

THREE EXAMPLES OF WORK REQUIRING PERFORMANCE ON THE CANADIAN SIDE OF THE BORDER ARE OUTLINED IN YOUR LETTER, THE FIRST OF WHICH INVOLVES DREDGING IN THE THOUSAND ISLANDS SECTION OF THE RIVER. THE SECOND EXAMPLE REFERS TO DREDGING AT THE LOWER END OF CORNWALL ISLAND IN THE INTERNATIONAL RAPIDS SECTION, AND THE THIRD EXAMPLE INVOLVES THE RELOCATION OF TRACKAGE OF THE NEW YORK CENTRAL RAILROAD AND CONSTRUCTION OF A NEW INTERNATIONAL BRIDGE, ALSO IN THE INTERNATIONAL RAPIDS SECTION.

QUESTION WHETHER FUNDS MAY BE EXPENDED FOR THIS WORK ARISES BY REASON OF THE WORDS "IN UNITED STATES TERRITORY," CONTAINED IN SECTION 3 (A). IT IS URGED THAT THE LEGISLATIVE HISTORY OF THE ACT CLEARLY ESTABLISHES THAT, IN INSERTING SUCH LANGUAGE IN SECTION 3 (A), THE CONGRESS HAD IN MIND ONLY MAJOR WORKS SUCH AS THE NECESSARY LOCKS AND CANALS AND WAS FULLY AWARE THAT IN CONSTRUCTING SUCH PORTION OF THE WORKS IN UNITED STATES TERRITORY IT WOULD BE NECESSARY TO PERFORM CERTAIN ANCILLARY WORKS, SUCH AS THOSE CONSIDERED HEREIN, ON THE CANADIAN SIDE OF THE BORDER.

THE CONGRESS, IN CONSIDERING THE LEGISLATION HERE INVOLVED, HAD BEFORE IT MAPS OF THE SECTIONS IN QUESTION (REPRODUCED IN HOUSE REPORT NO. 1215 AND SENATE REPORT NO. 441, 83D CONGRESS, ST SESSION), ON WHICH THE PROPOSED SEAWAY CHANNEL WAS SHOWN AT MANY POINTS CLOSELY PARALLEL TO THE INTERNATIONAL BOUNDARY AND AT OTHER PLACES TO EXTEND OVER ONTO THE CANADIAN SIDE OF THE BOUNDARY. THE HOUSE REPORT ALSO EXPLAINS THAT THE WORD "SUBSTANTIALLY," AS USED IN CONNECTION WITH " CONTROLLED SINGLE STAGE PROJECT, 238-242," WAS INSERTED IN SECTION 3 (A) OF THE ACT TO PROVIDE FLEXIBILITY TO MAKE SUCH CHANGES IN THE 1941 PLAN AS MAY BE DESIRABLE IN THE LIGHT OF TECHNOLOGICAL AND ENGINEERING ADVANCES AND OTHER DEVELOPMENTS SINCE THE ORIGINAL PLANS WERE DRAWN.

CONCERNING THE CONTENTION THAT THE WORDS "IN UNITED STATES TERRITORY" WERE USED ONLY IN RELATION TO CERTAIN OF THE LOCKS AND CANALS IN ORDER TO GIVE THE UNITED STATES CONTROL OVER A PORTION OF THE SEAWAY, YOU INVITE ATTENTION TO CERTAIN PASSAGES FROM HOUSE REPORT NO. 1215 AND TO CERTAIN STATEMENTS MADE BY VARIOUS MEMBERS OF THE CONGRESS RELATIVE TO THE LEGISLATION AND REPORTED IN THE CONGRESSIONAL RECORD.

AT PAGE 35 OF HOUSE REPORT NO. 1215 APPEARS THE FOLLOWING STATEMENT:

THE SOLE AND ONLY ISSUE BEFORE THE CONGRESS IS WHETHER THE UNITED STATES WILL JOIN WITH CANADA IN THE CONSTRUCTION, OWNERSHIP, CONTROL, AND OPERATION OF A GREAT INTERNATIONAL WATERWAY, AS S. 2150 PROVIDES, OR WHETHER THE UNITED STATES WILL STAND ASIDE AND PERMIT CANADA TO DO THE JOB ALONE. EXPRESSED DIFFERENTLY, THE ONLY QUESTION WHICH CONGRESS MUST DECIDE IS THE LOCATION OF THE CANALS AND LOCKS IN THE INTERNATIONAL RAPIDS SECTION, I. E., SHOULD THESE WORKS BE ON THE AMERICAN SIDE WITH JOINT AMERICAN AND CANADIAN CONTROL OF THE ENTIRE WATERWAY, OR SHOULD THEY BE ON THE CANADIAN SIDE WITH THE ENTIRE WATERWAY UNDER CANADA'S EXCLUSIVE CONTROL? THE SEAWAY IN EITHER EVENT, IS ASSURED.

AND AT PAGE 41 THEREOF IT IS STATED THAT---

WITH UNITED STATES PARTICIPATION 3 OF THE 7 NEW LOCKS BETWEEN OGDENSBURG AND MONTREAL WILL BE BUILT WITHIN OUR MAINLAND, TOGETHER WITH 2 LATERAL CANALS AGGREGATING 11 MILES IN LENGTH. ALL FUTURE TRAFFIC BETWEEN THE LAKES AND THE ATLANTIC WOULD HAVE TO TRANSIT THOSE FACILITIES. THEY WOULD BE UNDER OUR PHYSICAL CONTROL. WITHOUT PARTICIPATION CANADA WOULD BUILD 3 LOCKS ON ITS SIDE OF THE RIVER, WITH NEW CANAL WORKS, AND HAVE COMPLETE PHYSICAL CONTROL, AS IT WILL OF THE 4 NEW LOCKS AND ATTENDANT WORKS TO BE BUILT DOWNSTREAM IN THE CANADIAN SECTION.

THAT THE CONGRESS ACCEPTED THE ABOVE SUMMATION OF THE ISSUE IS DEMONSTRATED BY THE STATEMENTS MADE BY VARIOUS MEMBERS OF THE HOUSE WHEN THE LEGISLATION WAS BEING DEBATED AND IS ILLUSTRATED BY THE REMARKS OF MR. DONDERO, CHAIRMAN OF THE HOUSE COMMITTEE ON PUBLIC WORKS, REPORTED AT PAGE 5691, CONGRESSIONAL RECORD, MAY 5, 1954, AS FOLLOWS:

WHAT DOES THE SEAWAY PROJECT CONSIST OF? IT CONSISTS OF REMOVING OBSTRUCTIONS IN THE SAINT LAWRENCE RIVER TO MAKE A NAVIGATION CHANNEL 27 FEET DEEP TO THE SEA WITH LOCKS TO CONTROL THE WATER LEVEL. THREE LOCKS WOULD BE BUILT ON THE AMERICAN SIDE OF THE INTERNATIONAL BOUNDARY, AND FOUR LOCKS WOULD BE CONSTRUCTED IN THE LOWER PART OF THE RIVER, WHICH WOULD BE WHOLLY IN CANADIAN TERRITORY. BOTH OF THESE INCLUDE THE NECESSARY CHANNEL WORK. THE DETAILS ARE SET FORTH IN THE BILL AND REPORT.

A SIMILAR VIEW WAS EXPRESSED BEFORE THE SENATE (PAGE 189, CONGRESSIONAL RECORD, JANUARY 13, 1954) BY SENATOR WILEY, CHAIRMAN OF THE SENATE FOREIGN RELATIONS COMMITTEE, AS FOLLOWS:

IN OTHER WORDS, THE CANALS ARE TO BE ON THE AMERICAN SIDE AND AMERICANS WILL CONTROL THEM. THE AMERICANS WOULD HAVE JUST AS MUCH POWER TO STOP THE TRAFFIC AS CANADA WOULD.

IT IS ALSO URGED IN YOUR LETTER THAT THE CONGRESS INTENDED THAT THE UNITED STATES SHOULD CARRY OUT ALL THE NECESSARY SEAWAY WORKS IN THE THOUSAND ISLANDS AND INTERNATIONAL RAPIDS SECTIONS SUBSTANTIALLY IN ACCORDANCE WITH THE ENGINEERING PLANS CONSIDERED BY THE CONGRESS, AND IT IS STATED THAT SUCH PORTIONS OF THE SEAWAY CAN BE CONSTRUCTED IN ACCORDANCE WITH SUCH PLANS ONLY IF CERTAIN OF THE ANCILLARY WORK IS DONE ON THE CANADIAN SIDE OF THE BOUNDARY.

SUPPORT OF THE VIEW THAT THE UNITED STATES SHOULD PERFORM ALL OF THE WORK IN THE SECTIONS INVOLVED IS FOUND AT PAGES 12 AND 13 OF SENATE REPORT NO. 441, WHICH READS IN PART AS FOLLOWS:

ACCORDINGLY, THE SEAWAY WORKS CONTEMPLATED IN S. 2150 WILL BE CARRIED OUT IN THE 46-MILE STRIP CALLED THE INTERNATIONAL RAPIDS SECTION BETWEEN ST. REGIS AND OGDENSBURG, N.Y., TOGETHER WITH LOWERING OF ROCKSHOALS IN THE 68 -MILE STRIP CALLED THE THOUSAND ISLANDS SECTION BETWEEN OGDENSBURG AND TIBBETS POINT, N.Y. * * *UNDER S. 2150, MODERNIZATION OF THE WATER TO 27- FOOT DEPTH, LAKE ERIE TO MONTREAL, WILL BE ACCOMPLISHED JOINTLY BY THE UNITED STATES DOING THE CONSTRUCTION ABOVE DESCRIBED AND CANADA DEEPENING THE WELLAND CANAL AND MAJOR CONSTRUCTION IN THE 68 MILES, ST. REGIS TO MONTREAL.

ALSO, IN THIS CONNECTION, THE HOUSE REPORT, AT PAGE 31, LISTS THE UNITED STATES WORK UNDER THE SEAWAY BILL AS THE THOUSAND ISLANDS SECTION AND THE INTERNATIONAL RAPIDS SECTION, AND THE CANADIAN WORK IS LISTED AS THE WELLAND CANAL AND THE CANADIAN SECTION OF THE ST. LAWRENCE RIVER. SIGNIFICANCE ALSO IS THE FACT THAT THE TABLE APPEARING AT PAGE 33 OF THE HOUSE REPORT AND AT PAGE 15 OF THE SENATE REPORT, WHICH SETS FORTH THE CONTEMPLATED DIVISION OF LABOR BETWEEN CANADA AND THE UNITED STATES, SHOWS THAT THE ENTIRE COST OF THE WORK IN THE THOUSAND ISLANDS AND THE INTERNATIONAL RAPIDS SECTION IS ALLOCATED TO THE UNITED STATES, AND THE ENTIRE COST OF THE WORK AT THE WELLAND CANAL AND THE CANADIAN SECTION DOWNSTREAM FROM ST. REGIS IS ALLOCATED TO CANADA.

IT APPEARS CLEAR FROM THE FOREGOING THAT, AS URGED IN YOUR LETTER, THE CONGRESS RECOGNIZED THAT CERTAIN ANCILLARY WORKS SUCH AS THOSE CONSIDERED HEREIN WOULD HAVE TO BE CONSTRUCTED ON THE CANADIAN SIDE OF THE BOUNDARY IN ORDER TO CARRY OUT THE CONTROLLED SINGLE STAGE PROJECT SPECIFIED IN SECTION 3 (A). THIS CONCLUSION IS SUPPORTED BY THE FACT THAT THE CONTROLLED SINGLE STAGE PROJECT 238-242 DESIGNATED AS THE "WORKS SOLELY FOR NAVIGATION," REFERRED TO IN SECTION 3 (A) OF THE ACT, DEFINITELY INCLUDED THE CONSTRUCTION OF A NEW INTERNATIONAL BRIDGE AND THE RELOCATION OF THE RAILWAY ON CANADIAN TERRITORY AS WELL AS THE DREDGING ACROSS THE INTERNATIONAL BOUNDARY IN THE INTERNATIONAL RAPIDS SECTION. ALSO, THE REPORTS, TOGETHER WITH THE MAP APPEARING AT PAGE 32 OF THE HOUSE REPORT, INDICATE THAT THE ENGINEERING STUDIES CONTEMPLATED THAT SOME DREDGING IN THE THOUSAND ISLANDS SECTION WOULD BE CARRIED OUT ON BOTH SIDES OF THE INTERNATIONAL BOUNDARY.

ACCORDINGLY, THIS OFFICE WOULD NOT OBJECT TO PAYMENTS MADE FOR THE WORK CONSIDERED HEREIN OR FOR SUCH OTHER SIMILAR WORKS ON THE CANADIAN SIDE OF THE INTERNATIONAL BOUNDARY, PROVIDED THEY ARE ANCILLARY TO MAJOR WORK WHICH, UNDER THE ACT, IS REQUIRED TO BE CONSTRUCTED IN UNITED STATES TERRITORY.

THE MAP OF THE INTERNATIONAL RAPIDS SECTION AND THE JOINT REPORT DATED JANUARY 3, 1941, ARE RETURNED HEREWITH.