Page:United States Statutes at Large Volume 104 Part 2.djvu/807

 PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-399 poses", approved August 5, lOOQ,"^* (36 Stat. Ill; 46 App. U.S.C. 121) is amended in the second paragraph— (1) by striking "two cents per ton, not to exceed in the aggregate ten cents per ton in any one year," and inserting "9 cents per ton, not to exceed in the aggregate 45 cents per ton in any one year, for fiscal years 1991, 1992, 1993, 1994, and 1995, and 2 cents per ton, not to exceed in the aggregate 10 cents per ton in any one year, for each fiscal year thereafter"; (2) by inserting after "Newfoundland," the following: "and on all vessels (except vessels of the United States, recreational vessels, and barges, as those terms are defined in section 2101 of title 46, United States Code) that depart a United States port or place and return to the same port or place without being entered in the United States from another port or place,"; and (3) by striking "six cents per ton, not to exceed thirty cents per ton per annum," and inserting "27 cents per ton, not to exceed $1.35 per ton per annum, for fiscal years 1991, 1992, 1993, 1994, and 1995, and 6 cents per ton, not to exceed 30 cents per ton per annum, for each fiscal year thereafter". (b) CONFORMING AMENDMENT.— The Act entitled "An Act concerning tonnage duties on vessels entering otherwise than by sea", approved March 8, 1910 (36 Stat. 234; 46 App. U.S.C. 132), is amended by striking "two cents per ton, not to exceed in the aggregate ten cents per ton in any one year" and inserting "9 cents per ton, not to exceed in the aggregate 45 cents per ton in any one year, for fiscal years 1991, 1992, 1993, 1994, and 1995, and 2 cents per ton, not to exceed in the aggregate 10 cents per ton in any one year, for each fiscal year thereafter". (c) OFFSETTING RECEIPTS.—Increased tonnage charges collected as 46 USC app. 121 a result of the amendments made by subsection (a) shall be depos- °°*®- ited in the general fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. Subtitle F—Railroad User Fees SEC. 10501. AMENDMENTS TO FEDERAL RAILROAD SAFETY ACT OF 1970. (a) USER FEES.—The Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et seq.) is amended by adding at the end the following new section: "SEC. 216. USER FEES. 45 USC 447. "(a)(l) The Secretary shall establish by regulation, after notice and comment, a schedule of fees to be assessed equitably to railroads, in reasonable relationship to an appropriate combination of criteria such as revenue ton-miles, track miles, passenger miles, or other relevant factors, but shall not be based on the proportion of industry revenues attributable to a railroad or class of railroads. "(2) The Secretary shall establish procedures for the collection of such fees. The Secretary may use the services of any Federal, State, • or local agency or instrumentality to collect such fees, and may reimburse such agency or instrumentality a reasonable amount for such services. "(3) Fees established under this section shall be assessed to railroads subject to this Act and shall cover the costs of administering this Act, other than activities described in section 202(a)(2). T* So in original. Probably should be "1909 (36".

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