Tracy R. Zea
The most important advisory body regarding the nation’s inland waterway infrastructure is the Inland Waterway Users Board, a non-discretionary, congressionally mandated advisory committee established in the Water Resources Development Act (WRDA) of 1980 and codified in federal regulations. Formed by users and payers of the inland waterways system, the users’ board does not come close
background But their recommendations are of great importance to the US Army Corps of Engineers and to Congress because the commercial shipping industry contributes taxes to the Inland Waterway Trust Fund, which pays 25 percent of the construction of new locks and major rehabilitation of the US waterway system.
The user board and its members advise on priorities for construction and rehabilitation projects for the fuel-stressed interior system and receive important updates from the Corps on construction schedule changes, project risks, trust fund health, and long-term investment strategies.
For organizations like the Waterways Council Inc., an advocacy group, the user board is the important public place where industry priorities are part of the official record. By statute, the responsibilities of the user council include the following:
- Advise the Secretary of the Army on annual construction and major rehabilitation priorities before the President’s budget is prepared;
- Recommend funding priorities to Congress following the release of the President’s budget;
- Help develop and review the long-term project funding strategy for the waterway system, known as the capital investment strategy;
- Provide industry input on major lock and dam projects funded jointly by the trust fund and federal appropriations;
- Directly participating in project development teams for qualified navigation projects.
In establishing the user board, Congress stated operational obligations, including that it “must meet no less than semiannually,” must provide advice and recommendations to the Secretary of the Army and Congress on waterway construction and rehabilitation priorities, and must exercise its “independent judgment” to benefit all entities that rely on barge transportation.
Also, the secretary is obliged to provide information and reports to the user council and, therefore, to the industry, on a recurring basis. The statute does not contain an end date or any provision authorizing the president or secretary to suspend, dissolve or postpone the operation of the user board.
Since 2021, the user panel has been suspended twice: the first time for 445 days and a second time that, as of October 1, has been for more than 650 days. Despite indications that the user panel will be reconstituted, or may have been at press time, a lapse of almost two years is unacceptable.
Such suspensions in the user board’s ability to convene and fulfill its statutory obligations can have long-lasting consequences.
When the Biden administration ordered a 2021 zero-base review of the US Defense Department’s user board and other advisory committees, it did so at a critical time when infrastructure bill funding decisions are being made and Congress is returning to targeted project funding after a 10-year hiatus.
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Industry was unable to provide input on key decisions, the impact of which is reflected in many of the challenges the program faces today. Finally, it was determined that the non-discretionary boards would be reconstituted, and the Waterway Users Board reconvened after the 445-day suspension.
On March 7, 2025, under the Trump Administration, the Department of Defense temporarily suspended all federal advisory committees, including the Inland Waterway Users Board, and began a 45-day review. A month later, all existing user board members were terminated. Normally meeting at least three times a year, the user board has not met since December 2024.
Considering the vital role of the country’s inland waterways in facilitating trade and competition, the termination of the user board for more than 650 days is not only a significant step backwards, but may also be against the law.
