TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER ___ – ATLANTIC INTRACOASTAL WATERWAY COMMISSION
Sections of this Act
Congressional Intent
Creation of Atlantic Intracoastal Waterway Commission
Appointment of commissioners; vacancies; chairman; tenure of office
Headquarters, meetings, and staffing of commission
Atlantic Intracoastal Waterway Management
Local Sponsor Commitment
Memorandums of Understanding
Authorization of Appropriations
Creation of Atlantic Intracoastal Waterway Commission
A Commission is created to be called "The Atlantic Intracoastal Waterway Commission" to consist of ten members.
Congressional Intent for the Commission
It is hereby declared to be the intent of Congress to recognize the Atlantic Intracoastal Waterway as a nationally significant commercial and recreational navigation system and ecosystem. Congress further recognizes that the waterway system provides a diversity of opportunities and experiences for the nation’s citizens and businesses. The waterway system shall be administered and regulated in recognition of its several purposes.
Appointment of commissioners; vacancies; chairman; tenure of office
The President of the United States shall, by and with the advice and consent of the Senate, appoint five commissioners, two of whom shall be selected from the Army Corps of Engineers, one from the U.S. Fish and Wildlife Service, one from the inland waterway business community, and one from the recreational boating industry. The Governor of each state along the waterway, i.e. Virginia, North Carolina, South Carolina, Georgia and Florida, shall each appoint one commissioner to represent their state. The Commanding General of the South Atlantic Division of the U.S. Army Corps of Engineers shall be the Chairman of the Commission. Any vacancy which may occur in the Commission shall in like manner be filled by the President of the United States or a state Governor. The commissioners appointed to the Commission shall remain in office subject to removal by the office that appointed them.
Headquarters, meetings, and staffing of commission
The headquarters and general offices of said Commission shall be located at some city or town on the Atlantic Intracoastal Waterway, to be designated by the Secretary of the Army, and the meetings of the Commission except such as designated by the Commission shall be held at said headquarters and general offices, the times of said meetings to be fixed by the Chairman of the Commission, who shall cause due notice of such meetings to be given members of the Commission and the public. The Army Corps of Engineers shall provide staffing for the Commission.
Atlantic Intracoastal Waterway Management
It shall be the duty of the Commission to oversee the management of the waterway to ensure the coordinated operation and maintenance of the waterway so that it functions efficiently and economically along its full length. These management activities shall include the following.
Waterway Survey
It shall be the duty of the Commission to direct such surveys of the waterway to be completed as necessary to determine its current depths and limitations to waterway traffic. The costs for these surveys shall be included in the annual waterways appropriations made by Congress.
Waterway Economic Studies
It shall be the duty of the Commission to ensure that investments made in the waterway are supported by economic studies that analyze the value of the waterway and its maintenance, operation and improvements derived from commercial uses, recreational uses, environmental values, property values and quality of life issues on a national regional and local level. The costs for these economic studies shall be included in the annual waterways appropriations made by Congress.
Waterway Dredge Material Management Plan
It shall be the duty of the Commission to ensure that a Dredge Material Management Plan is prepared and implemented for all dredging reaches of the waterway to ensure the efficient, economical and environmentally sound management of dredged materials. The costs for these plans shall be included in the annual waterways appropriations made by Congress.
Waterway Dredging Program
It shall be the duty of the Commission to ensure that a Dredging Program is prepared and implemented for all dredging reaches of the waterway to ensure safe, efficient, and economical use of the waterway by all users. The costs for the dredging program shall be included in the annual waterways appropriations made by Congress.
Waterway Access and Environmental Improvement Program
It shall be the duty of the Commission to ensure that a program is prepared and implemented to ensure the continued access to the waterway for all users, commercial and recreational. Additionally, the Commission shall prepare plans to protect, restore and enhance the environment of the waterway. The costs for this program shall be included in the annual waterways appropriations made by Congress.
Local Sponsor Commitments
Notwithstanding the provisions of this act, the costs of each project carried out pursuant to this act shall be allocated between the Congress and the appropriate non-Federal sponsor in accordance with any previous provisions enacted by Congress.
Memoranda of Understanding
To facilitate the activities of the commission, the Corps and the local sponsors are authorized to enter into long term memorandums of agreement to fund and carry out the activities and projects anticipated by this act.
Authorization of appropriations.
There is authorized to be appropriated by Congress to carry out the provisions of this act a minimum of $20,000,000 per year. These funds shall be derived from the following three sources: (1) the Corps of Engineers Civil Works Operations and Maintenance Account; (2) the Atlantic Intracoastal Waterway’s commercial user’s fuel tax contributions that are currently allocated to the Inland Waterway Trust Fund; and (3) ten percent (10%) of the Atlantic Intracoastal Waterway’s recreational user’s fuel tax contributions collected from the States of Virginia, North Carolina, South Carolina, Georgia and Florida that are currently allocated to the Sport Fish Restoration Fund. These amounts may be supplemented or matched by the Waterway states thorough the Memorandum of Agreements mentioned above.
