Defunct Inland Waterways Users Board May be Dubious

The most important advisory body concerning the Nation’s inland waterways infrastructure is the Inland Waterways Users Board (IWUB), a Congressionally mandated, non-discretionary advisory committee established in the Water Resources Development Act (WRDA) of 1986 and codified by 33 U.S.C. § 2251.  Comprised of the users and payers of the inland waterways system, the IWUB does not appropriate funds , but its recommendations are critically important to the U.S. Army Corps of Engineers and to Congress because the commercial navigation industry contributes taxes to the Inland Waterways Trust Fund (IWTF), which pays for 25% of new lock construction and major rehabilitation on the U.S. inland waterways system.

The IWUB and its members advise on priorities for construction and rehabilitation projects on the fuel-taxed inland system and receive important updates from the Corps on construction schedule changes, construction risks, the health of the IWTF, and long-range investment strategies. For organizations like Waterways Council, Inc. (WCI), the Board is the most important public venue where industry priorities become part of the official record.

Statutorily, the IWUB’s responsibilities include the following:

• Advising the Secretary of the Army on annual construction and major rehabilitation priorities before the President's budget is developed;
• Recommending funding priorities to Congress after the President's budget is released;
• Helping to develop and review the long-term project funding strategy for the inland waterways system, known as the Capital Investment Strategy;
• Providing industry input on major lock and dam projects funded jointly by the IWTF and federal appropriations;
• Participating directly in project development teams for qualifying navigation projects.

When Congress established the IWUB, it affirmed its operational obligations, notably that the Board “shall meet not less frequently than semiannually,” shall provide advice and recommendations to the Secretary of the Army and to Congress concerning inland waterways construction and rehabilitation priorities, and shall exercise its “independent judgment” for the benefit of all entities relying on barge transportation. The Secretary of the Army is likewise required to provide information and reports to the Board (and therefore to industry) on a recurring basis. The statute contains no termination date and no provision authorizing the President or the Secretary to suspend, dissolve, or defer the Board’s operation.

However, since 2021, the Board has been suspended twice, the first time for a total of 445 days and a second that, as of this writing, is at 480 days and counting.

These lapses in the Board’s ability to convene and carry out its statutory obligations can have long-lasting consequences. When the Biden Administration mandated a zero-based review of the IWUB and other Department of Defense (DoD) advisory committees in 2021, it did so at a critical moment in time - when infrastructure bill funding decisions were being made and Congress was returning to directed project funding after a 10-year hiatus. Industry was unable to provide input into key decisions, the impact of which is reflected in many of the challenges the program faces today. Ultimately, it was determined that non-discretionary boards be reconstituted, and the IWUB reconvened after the 445-day suspension. 

On March 7, 2025, under the Trump Administration, DoD temporarily suspended all federal advisory committees, including the IWUB, and initiated a 45-day review. In April 2025, the service of all existing Board members was terminated. As of July 1, 2026, the Board has yet to be reconstituted, exceeding the 2021-2022 suspension at 480 days and counting. Typically meeting at least three times annually, the Board has not met since December 2024.

As we look back on the Nation’s 250th birthday, the vital role our waterways played in its history, and the criticality of the inland waterways to facilitate commerce and competition, the cessation of the IWUB is not only a significant step backwards but it very well may be contrary to law as well.