Legislative/Regulatory

Army to Restart Inland Waterways Users Board

The Department of the Army served notice in the May 5 Federal Register that it is reconstituting the Inland Waterways Users Board (IWUB) with all new member nominations. While the process of nominating and approving new members normally takes three or four months, it is unlikely that the board will meet again this year, former members said. The new board’s term will begin January 30, 2026, according to the notice. The cutoff date for nominations is June 15.

The IWUB, created by Congress, was established to allow the inland waterways industry, which contributes funds to the Inland Waterways Trust Fund, to be informed and offer advice to the Corps of Engineers on how money is spent, particularly on major maintenance and new construction projects.

In early March, the Department of Defense suspended all federal advisory committees, including the Inland Waterways Users Board, pending a 45-day review. In announcing the suspension, Paul Clouse, the designated federal officer for the IWUB, said, “This review will ensure that the department’s advisory committee efforts align with our most pressing strategic priorities and the president’s goals.”

Clouse’s letter to IWUB members came just a day after the Department of the Army announced plans to hold an Inland Waterways Users Board meeting April 3 in Paducah, Ky. With the IWUB in limbo, that meeting was never held.

The suspension of federal advisory committees is not unique to the current Trump administration. In 2021, the Department of Defense suspended the IWUB along with 41 other federal advisory committees as part of a “zero-based review” initiated by then-Secretary of Defense Lloyd Austin. This action aimed to evaluate the “mission and relevance” of each board. The Biden administration said it was concerned about last-minute appointments made during the previous administration. The suspension effectively dissolved the IWUB, leaving the inland waterways industry without its advisory body during a critical period for infrastructure planning and investment.

During his first term, President Donald Trump significantly reduced the number of federal advisory committees. In June 2019, he signed an executive order directing all federal agencies to evaluate their advisory committees and terminate at least one-third of those established under the Federal Advisory Committee Act (FACA) by September 30, 2019.

The president and his executive agents, like Cabinet members, have authority to terminate or curtail advisory committees created by federal agencies. Advisory committees created by congressional statute, like the IWUB, require congressional action to dissolve.

Unlike some other federal advisory committees, seats on the IWUB are allocated to companies rather than individuals. The companies nominate representatives.

Marty Hettel, recently retired vice president of government affairs at American Commercial Barge Line, served as the chair of the IWUB for six years and was a member before that. One of the achievements during Hettel’s tenure on the board was to persuade the Corps to stagger service terms of IWUB members to keep some continuity of knowledge and experience on the board.