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Norton Pleased with New Review by Department of Defense of Rule Restricting Public Access to Washington Channel

March 1, 2021

WASHINGTON, D.C. — Congresswoman Eleanor Holmes Norton (D-DC) said she was pleased with the response she received from the Department of Defense (DoD) to her letter requesting that DoD Secretary Lloyd J. Austin direct the U.S. Army Corps of Engineers (USACE) to withdraw the proposed rule restricting public access to the Washington Channel. DoD said the rule would not be finalized until an agency head appointed by President Biden reviews the rule. Norton has advocated keeping the channel open, especially during the pandemic, when outdoor activities are preferable. Norton hosted a public meeting on January 27th, where D.C. residents overwhelmingly opposed the rule. Norton will introduce a bill to block the proposed rule and to prohibit any rule that would restrict public access to the channel.

"Thank you, Department of Defense, for your timely response to my letter and for putting the proposed rule restricting access to the Washington Channel on hold pending review by an agency head appointed by President Biden," Norton said. "Congress passed my bill to develop the Southwest Waterfront (the Wharf), and the channel is increasingly being used for water taxis and forms of recreation that also provide tax revenue for D.C., such as kayaking, sailing and river events. In addition, D.C. residents overwhelmingly oppose the rule, which is unnecessarily restrictive, and even when given the opportunity at the public meeting I held, military officials have not addressed the question of whether less restrictive measures could provide the same security. I look forward to working with DoD to ensure that D.C. residents have continued access to the channel."

Norton's letter to Secretary Austin can be found here and the response from DoD is below.

United States Representative

2136 Rayburn House Office Building

Washington, D.C. 20515

Dear Representative Holmes Norton:

Secretary of Defense Lloyd J. Austin asked me to respond on his behalf to your February 2, 2021 letter concerning your request that Secretary Austin direct the U.S. Army Corps of Engineers (Corps) to withdraw the proposed rule (COE-2019-0010) restricting public access to the Washington Channel (Channel) next to Fort McNair in the District of Columbia and that I prohibit USACE from proposing a similar rule.

On January 20, 2021, the Chief of Staff to President Biden issued a Memorandum concerning "Regulatory Freeze Pending Review." Per the Memorandum, the Fort McNair restricted area rulemaking action will not be finalized until a department or agency head appointed by President Biden reviews the rule. The Corps will not take any action on the rule until said appointee has the opportunity to consider the action and make a final decision as to how to proceed. The Corps will ensure all public comments are fully considered in the decision-making process for the rulemaking action.

Thank you for your interest in the Army Civil Works program.

Sincerely,

Vance F. Stewart, III

Senior Official Performing the Duties of the

Assistant Secretary of the Army (Civil Works)