laterally, of the rates of charges or tolls as provided in subsection (a), the Corporation shall be guided by the following principles: (1) That the rates shall be fair and equitable and shall give due consideration to encouragement of increased utilization of the navigation facilities, and to the special character of bulk agricultural, mineral, and other raw materials. (2) That rates shall vary according to the character of cargo with the view that each classification of cargo shall so far as practicable derive relative benefits from the use of these facilities. (3) That the rates on vessels in ballast without passengers or cargo may be less than the rates for vessels with passengers or cargo. (4) That the rates prescribed shall be calculated to cover, as nearly as practicable, all costs of operating and maintaining the works under the administration of the Corporation, including depreciation, payment of interest on the obligations of the Corporation, and payments in lieu of taxes. (5) That the rates shall provide, in addition, for the Corporation. revenues sufficient to amortize the principal of the debts and obligations of the Corporation over a period not to exceed fifty years. 39. ST. LAWRENCE SEAWAY PROJECT: Exchange of Notes Between the United States Chargé d'Affaires at Ottawa and the Canadian Secretary of State for External Affairs, August 17, 19541 CANADIAN NOTE Note No. X-214 OTTAWA, August 17, 1954 SIR: I have the honour to refer to the Exchange of Notes of June 30, 1952,2 between the Canadian Ambassador in Washington and the Acting Secretary of State of the United States in which it was agreed that the Canadian Government would, when all arrangements had been made to ensure the completion of the power phase of the St. Lawrence Project, construct locks and canals on the Canadian side of the International Boundary to provide for uninterrupted 27-foot navigation between Lake Erie and the Port of Montreal. With the cooperation of the Government of the United States, arrangements were made to ensure the completion of the power phase of the Project by the Power Authority of the State of New York and the Hydro-Electric Power Commission of Ontario. In the meantime, the Congress of the United States enacted and the President approved on May 13, 1954, Public Law 3583 which created the Saint Lawrence Seaway Development Corporation and authorized and directed it to construct 27-foot navigation works on the United States side of the international section of the St. Lawrence River. 1 Department of State Bulletin, Aug. 30, 1954, pp. 300-301. 2 Supra, doc. 34. 3 Supra. At the request of the United States Government, representatives of our two governments held meetings in July and August of this year1 to discuss the need for modification of the Notes exchanged on June 30, 1952 in the light of Public Law 358. Although the Canadian Government is ready and willing to complete the works necessary for 27-foot navigation in the St. Lawrence Seaway on Canadian territory, it understands the desire of the United States to participate in the Seaway Project by constructing certain navigation works on United States territory. Accordingly the Canadian Government is prepared to modify the arrangements set forth in the Notes of June 30, 1952, to the extent that the Canadian Government will be relieved of the obligation towards the United States Government to provide forthwith the navigation works in the general vicinity of Barnhart Island on Canadian territory and in the Thousand Islands section. (a) The Canadian Government wishes to state, however, that it will construct forthwith a canal and lock at Iroquois and that in addition it intends, if and when it considers that parallel facilities are required to accommodate existing or potential traffic, to complete 27-foot navigation works on the Canadian side of the International Rapids Section. (b) Before undertaking these latter works in the general vicinity of Barnhart Island, the Canadian Government agrees to consult the United States Government and understands that, should the United States Government intend to build on United States territory in the International Rapids Section navigation works in addition to those provided for in Public Law 358, it would similarly consult the Canadian Government. The Canadian Government reserves the right to decide whether and in what manner it will continue 14-foot navigation works through the International Rapids Section but agrees to consult the United States Government on the question of levying tolls in connection with such works. (a) It is recognized that it is of great importance to Canada and the United States that the St. Lawrence Seaway be used to the maximum extent required by the needs of commerce. It is understood therefore that both Governments will use their best endeavours to avoid placing unreasonable restrictions on the transit of passengers, shipping or trade in the international section of the St. Lawrence Seaway. (b) It is further agreed that each Government will consult the other before it enacts any new law or promulgates any new regulation, ap These discussions were held in Ottawa, July 5 and 6 and Aug. 12 and 13, 1954. The U. S. representatives were Robert B. Anderson, Deputy Secretary of Defense; Livingston T. Merchant, Assistant Secretary of State; Lewis G. Castle, Administrator of the St. Lawrence Seaway Development Corporation; Wilber M. Brucker, General Counsel of the Department of Defense; Jerome K. Kuykendall, Chairman of the Federal Power Commission; and J. Lee Rankin, Assistant Attorney General. The representatives of Canada were Lester B. Pearson, Secretary of State for External Affairs; C. D. Howe, Minister of Trade and Commerce; G. C. Marler, Minister of Transport; and Lionel Chevrier, President of the St. Lawrence Seaway Authority. plicable in the respective national parts of the international section of the St. Lawrence River, which might affect Canadian or United States shipping, or shipping of third-country registry proceeding to or from Canada or the United States respectively. (c) Similarly, with respect to any laws or regulations now in force in either country which affect the shipping interests of the other country in the international section of the St. Lawrence River, the Government affected may request consultation concerning such laws or regulations and the other Government shall accede to requests for consultation. (d) The foregoing undertakings are in addition to the treaty obligations now in force between Canada and the United States affecting shipping in the St. Lawrence River and canals, particularly Article I of the Boundary Waters Treaty of 1909.1 I should be glad to receive your confirmation that the United States Government agrees with the modification of the Notes of June 30, 1952, proposed in paragraph 3 and with the reciprocal undertakings set forth in paragraphs 4 (b) and 6 of this Note." The Canadian Government looks forward to the fruitful development of this great Seaway Project in constructive and harmonious cooperation with the United States and is confident that this joint enterprise will add to the strength and prosperity of our two countries. Accept, Sir, the renewed assurance of my highest consideration. L. B. PEARSON DON C. BLISS, Esquire Chargé d'Affaires ad interim, UNITED STATES REPLY Note No. 38 UNITED STATES EMBASSY SIR: I have the honor to acknowledge the receipt of your Note No. X-214 of August 17, 1954 in which you inform me that the Canadian Government agrees to certain modifications in the arrangements set forth in the Notes of our Governments of June 30, 1952, in the light of the changed circumstances with respect to the St. Lawrence Seaway Project brought about by the enactment by the Congress the United States of Public Law 358, approved by the President on May 13, 1954. of The United States Government has called the attention of the Canadian Government to the provisions of Public Law 358 authorizing and directing the St. Lawrence Seaway Development Corporation 1 Treaty Series 548; 36 Stat. 2448. to construct certain canals and locks on the United States side of the International Rapids Section of the St. Lawrence River as its part of the St. Lawrence Seaway Project. As the Canadian Government has been informed, it is the intention of the United States Government to participate in the St. Lawrence Seaway Project by constructing these navigational facilities. The United States Government agrees with the requirements of consultation between the two Governments set forth in paragraphs 4 (b) and 6 and agrees to relieve Canada of its obligation of June 30, 1952 as referred to in paragraph 3 of your Note No. X-214 of August 17, 1954. My Government notes the declarations contained in your Note as to the intentions of the Canadian Government with respect to other matters relating to the St. Lawrence Seaway Project. The United States Government wholeheartedly shares the view expressed by the Government of Canada concerning the benefits to be anticipated from this joint enterprise and welcomes this new opportunity for constructive and harmonious cooperation between our two countries. Accept, Sir, the renewed assurances of my highest consideration. DON C. BLISS The Honorable LESTER B. PEARSON, Secretary of State for External Affairs, 40. COOPERATIVE ARRANGEMENTS FOR DEFENSE THE "PINETREE" LINE: Joint Statement by the United States and Canadian Governments, April 8, 1954 1 Because of the possibility of aggressive air attacks against North America, the Canadian and United States Governments after the Second World War continued the cooperative arrangements for the defense of North America which had been brought into effect during the war. Since that time, there have been established in both countries fully manned radar screens for the detection of a potential enemy, and installations for interceptor aircraft and antiaircraft weapons. At all stages, planning has been carried on between the two countries on a joint basis, and consultations and cooperation at all levels have been constant and completely satisfactory. For some time now, the Canadian and United States Governments have been appraising the air defense system to define the steps. required to strengthen our defenses in the light of recent advances in the destructive capabilities of atomic weapons against targets in our two countries. For the past 4 years, work has been going on at high priority on the 1 Department of State Bulletin, Apr. 26, 1954, pp. 639–640. construction of a large and costly radar chain' which is required not only to detect enemy bombers but also to control fighter aircraft engaged in the task of interception. This radar chain is known as the Pinetree Chain. Long before the Pinetree project was approaching completion, the military planners of the two countries were engaged in an intensive study of what further steps might be desirable and practicable. In October 1953, a team of military and scientific advisers representing both countries recommended that additional early warning should be provided by the establishment of a further radar system generally to the north of the settled territory in Canada. The report of this team was considered by the Chiefs of Staff of each country later that same month. At a meeting in Washington in November 1953, the Canadian representatives informed the United States authorities that the Canadian Government was prepared to proceed immediately with the necessary surveys and siting for the proposed new early warning radar system. This work is already well advanced. There are many difficult problems to be solved in establishing this additional early warning system in the Canadian North. The system will extend over thousands of miles and its survey will involve the examination of a great number of possible sites. Much of the ground is inaccessible except by tractor train and helicopter. In many areas extreme temperatures are confronted for several months of the year. Many technical problems, including the interference of the Auroral Belt with electronic devices, have had to be overcome. In overcoming the various technical problems involved the United States Air Force is working closely with the Royal Canadian Air Force. It is obviously just as important to have early warning of aircraft approaching target areas in North America from over the sea as from over Northern Canada. For this reason, the United States Government is extending the early warning barrier across the northeastern and northwestern seaward approaches to North America. The Alaska radar system is coordinated with those in Canada and the continental United States, and the development of airborne radar is well advanced. In addition to these measures of common concern, both countries are working continuously to improve the air defense installations in the vicinity of the major target areas. Here too, cooperation between the United States and Canadian air defense commanders is close, and unidentified aircraft are investigated by the most immediately available interceptor force, whether Canadian or American. The defense of North America is part of the defense of the North Atlantic Region to which both Canada and the United States are pledged as signatories of the North Atlantic Treaty. Thus, the cooperative arrangements for the defense of this continent and for the participation of Canadian and United States Forces in the defense of Europe are simply two sides of the same coin, two parts of a worldwide objective, to preserve peace and to defend freedom. 1 See agreement relating to the extension and coordination of the continental radar defense system, Aug. 1, 1951; TIAS 3049 (5 UST 1721). |