Norton Introduces Washington Channel Public Access Act

WASHINGTON, D.C -Congresswoman Eleanor Holmes Norton (D-DC) introduced a bill today to prohibit the Secretary of the Army from finalizing or implementing any rule that would restrict public access to the Washington Channel in the District of Columbia. A proposed rule that would have established a permanent restricted area in the Channel adjacent to Fort McNair, specifically impacting recreation and commerce in the Wharf and Navy Yard neighborhoods, was withdrawn in 2022 after community members expressed overwhelming opposition.

"The rule proposed in 2019 was arbitrary, capricious and would have unnecessarily restricted recreational and commercial access to the Channel without providing any security benefits," Norton said. "Although the proposed rule was withdrawn after community members expressed their overwhelming opposition during a community meeting I held, this bill is necessary to ensure that the Secretary of the Army does not finalize, implement or enforce a rule that would restrict public access to the Channel."

Norton's introductory statement follows.

Statement of Congresswoman Eleanor Holmes Norton

On the Introduction of the Washington Channel Public Access Act

May 6, 2024

Today, I introduce the Washington Channel Public Access Act. This bill would prohibit the Secretary of the Army from finalizing, implementing or enforcing any rule that would restrict access to the Washington Channel (Channel) in the District of Columbia.

In 2019, the Secretary of the Army proposed a rule to establish a permanent restricted area in the Channel adjacent to Fort McNair, which would have restricted access to the navigable portion of the Channel by narrowing the waterway where recreational and commercial vessels could traverse and prohibited anchoring and mooring altogether. The U.S. Army Military District of Washington cited security needs at Fort McNair to justify the rule.

The proposed rule was arbitrary and capricious and would have unnecessarily restricted recreational and commercial access to the Channel without providing any security benefits.

Neighborhoods like The Yards and The Wharf have reinvigorated community engagement on the waterfront, and the Channel is increasingly used for regional transportation and recreation. The stretch of the Channel past Fort McNair is the only connection to the Potomac River. The rule would have likely forced kayaks, paddleboards and recreational boats into the same space as water taxis and river cruise ships, creating a potentially dangerous situation.

I hosted a public meeting in which community members expressed overwhelming opposition to the proposed rule, but military officials did not address the question of whether less restrictive measures could provide the same security. I then wrote asking Secretary of Defense Lloyd Austin to direct the U.S. Army Military District of Washington and the U.S. Army Corps of Engineers to withdraw the proposed rule and to prohibit these agencies from proposing a similar rule. In 2021, the Committee on Transportation and Infrastructure passed a version of this bill. In 2022, the U.S. Army withdrew the proposed rule. Nevertheless, this bill is necessary to ensure that the Secretary of the Army does not finalize, implement or enforce a rule that would restrict public access to the Channel.

I urge my colleagues to support this bill.

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