Policies relative to inland navigation are unique in comparison to those of non-water transport modes. Waterways are considered to be public highways and, historically, one of the advantages of water transportation has been its lower costs due, in part, to a free waterways policy of the Federal Government that is set forth in the Northwest Ordinance and the Constitution. Proposals to impose user charges on inland navigation therefore must consider the legal basis within which a cost-sharing strategy could be implemented. User charges should foster efficiency, equity, and recovery of costs within the system. Fuel taxes, license fees based on horsepower, segment tolls, lockage fees, and congestion tolls have been recommended. Each of these mechanisms for implementing user charges is examined to determine if it will pass the legal test of constitutionality.


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