[House Report 111-285]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-285

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   RECOGNIZING THE ATLANTIC INTRACOASTAL WATERWAY ASSOCIATION ON THE 
        OCCASION OF ITS 10TH ANNIVERSARY, AND FOR OTHER PURPOSES

                                _______
                                

  October 6, 2009.--Referred to the House Calender and ordered to be 
                                printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 465]

  The Committee on Transportation and Infrastructure, to whom 
was referred the resolution (H. Res. 465) recognizing the 
Atlantic Intracoastal Waterway Association on the occasion of 
its 10th anniversary, and for other purposes, having considered 
the same, report favorably thereon with amendments and 
recommend that the resolution as amended be agreed to.
  The amendments are as follows:
  Strike all after the resolving clause and insert the 
following:

  That the House of Representatives--
          (1) recognizes the importance of the Atlantic Intracoastal 
        Waterway to recreational, commercial, and military vessels and 
        to the history and quality of life of the citizens of the 
        United States; and
          (2) acknowledges the Atlantic Intracoastal Waterway 
        Association on the occasion of its 10th anniversary.

  Amend the preamble to read as follows:

Whereas the Atlantic Intracoastal Waterway (AIWW) was authorized by the 
Rivers and Harbors Act of 1937 to provide a safe inside navigation channel 
for commercial shipping, support for and encouragement of interstate 
commerce, and safe harbor and protection for shipping from inclement 
weather and wartime enemy attack;

Whereas the AIWW, completed in 1940, runs along the southeast coast of the 
United States from Norfolk, Virginia, to Key West, Florida, and measures 
1,088 miles long;

Whereas segments of the intracoastal waterway on the Atlantic Coast 
received their initial congressional authorization through Rivers and 
Harbors Acts beginning in 1880;

Whereas the AIWW is a vital transportation system providing safe, reliable, 
and efficient navigation for commercial, recreational, and military 
vessels;

Whereas the Corps of Engineers is currently engaged in flood control, 
hydropower production, environmental restoration, maintenance dredging, 
lock maintenance, recreation, and navigation projects along the AIWW;

Whereas, according to the Corps of Engineers, in 2007 the AIWW supported 
the transportation of 2,543,000 tons of freight traffic, including 
commodities such as wheat, corn, soybeans, electrical machinery, iron, 
coal, gasoline, fabricated metal products, and electrical machinery;

Whereas, according to the Corps of Engineers, in 2007 the AIWW supported a 
total of 34,184 trips made by recreational, commercial, and military 
vessels;

Whereas the AIWW is an integral transportation network supporting the Armed 
Forces through the shipment of military equipment, fuel, and generators 
between Norfolk, Virginia, and Kings Bay, Georgia;

Whereas the Dismal Swamp Canal, on the AIWW, is the oldest operating 
artificial waterway in the United States and has been placed on the 
National Register of Historical Places, was registered as an engineering 
landmark in 1988, and was included in the National Park Service's 
Underground Railroad Network to Freedom Program in 2004;

Whereas the AIWW has enhanced the lives of the residents of Virginia, North 
Carolina, South Carolina, Georgia, and Florida, as well as the greater 
southeastern United States, for more than 6 decades;

Whereas the wildlife, flora, and fauna along the AIWW provide ample 
recreational opportunities for birdwatchers, photographers, and boaters;

Whereas the Atlantic Intracoastal Waterway Association was organized in 
1999 to address the navigation challenges of the AIWW and to encourage the 
continuation and further development of waterborne commerce and recreation 
on the AIWW;

Whereas the Association has voiced the interests of commercial and 
recreational users of the AIWW, earning the title of ``Voice of the 
Waterway'';

Whereas the Association has been an advocate for maintenance of the AIWW to 
promote safe, cost-effective navigation; and

Whereas the Association promotes the AIWW as a vital marine highway along 
the Atlantic coast, providing safe navigation for commercial and 
recreational vessels: Now, therefore, be it

                       PURPOSE OF THE LEGISLATION

    H. Res. 465, as amended, recognizes the importance of the 
Atlantic Intracoastal Waterway and commends the Atlantic 
Intracoastal Waterway Association on the occasion of its 10th 
anniversary.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Atlantic Intracoastal Waterway (AIWW) was authorized by 
the Rivers and Harbors Act of 1937 (P.L. 75-392). It was 
intended to provide a safe inland navigation channel for 
commercial shipping, and to encourage and support interstate 
commerce. It was also authorized to serve as a safe harbor to 
protect shipping from inclement weather and military attack.
    Since its creation, the AIWW has served the American public 
by providing safe, reliable, and efficient navigation for 
commercial, recreational and military vessels. According to the 
U.S. Army Corps of Engineers, the AIWW supported over 2.5 
million tons of freight traffic in 2007, including commodities 
such as wheat, corn, soybeans, electrical machinery, iron, 
coal, gasoline, fabricated metal products and electrical 
machinery. In addition, recreational, commercial and military 
vessels traveled a total of 34,184 trips on the AIWW in 2007.
    The Atlantic Intracoastal Waterway Association, celebrating 
its 10th anniversary, was created to address many of the 
navigation challenges that the AIWW faces, and to serve as a 
voice for users of the AIWW.
    H. Res. 465, as amended, recognizes the AIWW as a means of 
waterborne transportation and acknowledges the Atlantic 
Intracoastal Waterway Association on the occasion of its 10th 
anniversary.

                       SUMMARY OF THE LEGISLATION

    The official title of the resolution is: ``Recognizing the 
Atlantic Intracoastal Waterway Association on the occasion of 
its 10th anniversary, and for other purposes.''
    H. Res. 465 states that the House of Representatives--
          (1) recognizes the importance of the Atlantic 
        Intracoastal Waterway to recreational, commercial, and 
        military vessels and to the history and quality of life 
        of the citizens of the United States; and
          (2) acknowledges the Atlantic Intracoastal Waterway 
        Association on the occasion of its 10th Anniversary.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On May 20, 2009, Representative Henry Brown, Jr. introduced 
H. Res. 465. This resolution has not been introduced in a 
previous Congress.
    On September 24, 2009, the Committee on Transportation and 
Infrastructure met in open session to consider H. Res. 465. The 
Committee adopted an amendment in the nature of a substitute to 
the bill by voice vote with a quorum present. The Committee on 
Transportation and Infrastructure ordered H. Res. 465, as 
amended, reported favorably to the House by voice vote.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H. Res. 465, or ordering the resolution, 
as amended, reported. A motion to order H. Res. 465, as 
amended, reported favorably to the House was agreed to by voice 
vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    With respect to the requirements of clause 3(d)(2) of rule 
XIII of the Rules of the House of Representatives, H. Res. 465 
is a resolution of the House of Representatives, and therefore 
does not have the force of law. As such, there is no cost 
associated with this legislation for fiscal year 2009, or for 
any fiscal year thereafter.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee advises that the resolution contains no measure that 
authorizes funding, so no comparison of the total estimated 
funding level for the relevant programs to the appropriate 
levels under current law is required.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee advises that the resolution contains no measure that 
authorizes funding, so no statement of general performance and 
objectives for any measure that authorizes funding is required.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee advises that the resolution contains no measure that 
authorizes funding, so no cost estimate nor comparison for any 
measure that authorizes funding is required.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H. Res. 
465, as amended, does not contain any earmarks, limited tax 
benefits, or limited tariff benefits under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    H. Res. 465, as amended, contains no Federal mandates.

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H. Res. 465, as 
amended, does not preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Res. 465, as amended, makes no changes in existing law.

                                  
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