A Legal-Historical Analysis of Navigation User Charges

Toll-free use of the nation's inland waterway transportation network is shown to be a political and economic anachronism. The historical development of this free-use policy is traced from the early days of promotion of regional economic development under the legal sanctions of the Commerce Clause of the Constitution and the Northwest Ordinance. In an age of scarce funds for public works, the toll-free waterway program seems to be an outstanding candidate for application of the beneficiaries pay principle. Equity considerations, promotion of efficiency between transport modes, and public investment efficiency considerations suggest that a revision of this policy is timely. A legal analysis concludes that such a revision might be legal in theory but would likely face substantial political opposition in practice.