VoyForums
[ Show ]
Support VoyForums
[ Shrink ]
VoyForums Announcement: Programming and providing support for this service has been a labor of love since 1997. We are one of the few services online who values our users' privacy, and have never sold your information. We have even fought hard to defend your privacy in legal cases; however, we've done it with almost no financial support -- paying out of pocket to continue providing the service. Due to the issues imposed on us by advertisers, we also stopped hosting most ads on the forums many years ago. We hope you appreciate our efforts.

Show your support by donating any amount. (Note: We are still technically a for-profit company, so your contribution is not tax-deductible.) PayPal Acct: Feedback:

Donate to VoyForums (PayPal):

[ Login ] [ Contact Forum Admin ] [ Main index ] [ Post a new message ] [ Search | Check update time | Archives: 1, 2, 3, [4] ]

[ Next Thread | Previous Thread | Next Message | Previous Message ]

Date Posted: 17:23:19 04/28/07 Sat
Author: Don Johnson
Subject: Re: Navigable Waters Taxation
In reply to: Don Johnson 's message, "Navigable Waters Taxation" on 17:19:51 04/28/07 Sat

Ron and Herman,

Below are three Navigable Waters Taxation letters which I sent out to
the KRPGA over the last year. As far as I know this issue currently comes
down to our KPB representatives going to Don Young and asking that he
make it "legal again" for the KPB to tax its navigable water. It is currently
illegal for the KPB to tax any navigable waters within Alaska but few
if any people understand this.
This is true because in 2003 The Maritime Security Transportation Act ( MTSA ),
TITLE 33 NAVIGATION AND NAVIGABLE WATERS, was passed into
Federal law which specifically mandated that U.S. States cannot legally tax
Federal Navigable Waterways.
The KPB has been disregarding Title 33 and illegally taxing passage and operations on
its navigable waterways anyway.

If you have any questions regarding the issue please let me know.

Thank you.

Don Johnson
ccpwow@gci.net

-------------------------------


Sent: Sunday, January 07, 2007 3:27 AM
Subject: *** Sport Fish Alert *** Navigable Waters Taxation


Dear Sportfish,

Do you care about the landslide of fees, taxes, permits and licenses which
are being dumped on your business?
Many governmental agencies have suddenly realized that businesses operating on
navigable waters cannot be legally taxed by local governments. These agencies have
asked their legislative representatives to get rid of the current legislation which legally
prevents them from collecting taxes on federal navigable waters.
H.R. 5681, SEC. 302. GOODS AND SERVICES. is the solution which has been proposed
to allow local governments to legally tax operations on navigable waters.
SEC. 302. was specifically written to allow foreign vessels like "cruise ship" to operate without
local taxation. Therefore fishing charters, rafting trips and similar trips operating in navigable waters in
the U.S., will basically be the only folks subject to these navigable waters taxes.

Please ask your Senator and Representative to remove Section 302 from H.R. 5681.

For additional information on taxing navigable waters and contacting your
Senator and Representative click on the below link.

http://www.angelfire.com/music6/kenai123/sportfishalert/


Thank you!

Sport Fish Alert is a free sport fish information service.
If you hear sport fish news or wish to be add to the Sport Fish Alert mail
list just drop us a letter at ccpwow@gci.net

Don Johnson
ccpwow@gci.net

------------------------------------------------------------------------------
Sent: Tuesday, January 23, 2007 12:43 AM
Subject: *** Sport Fish Alert *** Navigable Waters Sales Tax


Dear Sportfish,
The below specific sales tax references regard a Navigable Waters Sales Tax which the
Kenai Peninsula Borough has been collecting illegally for many years.

In 2003 The Maritime Security Transportation Act ( MTSA ), TITLE 33 NAVIGATION
AND NAVIGABLE WATERS, was passed into Federal law which specifically mandated
that U.S. States cannot legally tax Federal Navigable Waterways. The KPB has been
disregarding Title 33 and illegally taxing passage and operations on these navigable waterways anyway.

We informed the KPB of its illegal taxation of navigable waters in May of 2006.
Instead of removing the illegal sales tax, the KPB contacted Representative Don Young's office
in an attempt to make navigable waters taxation legal. The prohibition of this kind of taxation has
been in effect since 1884 and was reinforced in 2003 within the wording of TITLE 33
NAVIGATION AND NAVIGABLE WATERS.

In the summer of 2006, the KPB requested that Representative Young sponsor legislation
to allow navigable waters taxation. Representative Young sponsored ( H.R. 5681 Title: To authorize
appropriations for the Coast Guard for fiscal year 2007, and for other purposes.)
H.R. 5681 has already passed the U.S. House and is now being considered by the U.S. Senate.
Section 302 of H.R. 5681, repeals most of the prohibitions on confiscatory taxes prohibited by
Section 445 of our current Maritime Security Transportation Act (MTSA) of 2002, and
The Rivers and Harbors Act of 1884.
In 2002 the Conference Report addressed the importance of Section 445:
Section 445 addresses the current problem, and the potential for greater future problems, of local
jurisdictions seeking to impose taxes and fees on vessels merely transiting or making innocent
passage through navigable waters subject to the authority of the United States, which are adjacent
to the taxing community.
Furthermore, Section 302 appears to exempt vessels engaged in foreign commerce, which enter
U.S. waters and provide goods and services, while taxing those operating domestically.
This will mean that local resident traffic would be taxed and foreign traffic like cruise ships would
be exempted.

I am requesting that you contact all of our U.S. Senators and do whatever you can to help
remove Section 302 from H.R. 5681. I see Section 302 as being extremely counter
to our public interest and allowing literally thousands of local jurisdictions to tax vessels
trying to make passage through Federal navigable waters.



http://www.webslingerz.com/jhoffman/congress-email.html

---------------------------------------------------------------------------------------------------------
The Cost Of Doing Business In Alaska

As a small business providing recreation services to the public, my business is already
subject to access and permit fees along with cost recovery administration fees
and many others. I strongly object to Section 302 of H.R. 5681, which will enable
multiple government entities to tax my services especially if my trips enter
different Borough jurisdictions.
A prohibition on these taxes on domestic goods and service provided on navigable
waterways has existed since 1884 for good reason. The 2002 Conference Report
on the Maritime Safety Transportation Act stated:

Section 445 addresses the current problem, and the potential greater future problems,
of local jurisdictions seeking to impose taxes and fees on vessels merely transiting or
making innocent passage through navigable waters subject to the authority of the
United States that are adjacent to the taxing community . . .

It is an additional outrage for this Section 302 provision to exempt foreign commerce,
such as cruise ships, entering navigable water in the U.S. while taxing my local services.
Operating a recreation and tourism business is increasingly difficult in this country due
to the onslaught of fees, regulations and increasing operating costs. I agree with how
this issue has been addressed in the past by not allowing navigable waters taxation.
I do not agree with the changes which are being proposed within SEC. 302 of H.R. 5681

Please help remove SEC. 302 of H.R. 5681
----------------------------------------------------------------------------
THE WAY TITLE 33 READS NOW.

Below is the way Title 33 currently reads. Rep. Young wants to change the
current wording of Title 33, Chapter 1, Sec. 5a. so that borough can legally
collect taxes on navigable waters.
----------------------------------------------------------------------------
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS

Sec. 5. Abolition of tolls on Government canals, canalized
rivers, etc.; expense of operation, repairs to and
reconstruction of canals, etc.; Panama Canal excepted; levies by
non-Federal interest

(a) No tolls or operating charges whatever shall be levied upon or
collected from any vessel, dredge, or other water craft for passing
through any lock, canal, canalized river, or other work for the use and
benefit of navigation, now belonging to the United States or that may be
hereafter acquired or constructed; and for the purpose of preserving and
continuing the use and navigation of said canals and other public works
without interruption, the Secretary of the Army, upon the recommendation
of the Chief of Engineers, United States Army, is authorized to draw his
warrant or requisition, from time to time, upon the Secretary of the
Treasury to pay the actual expenses of operating, maintaining, and
keeping said works in repair, which warrants or requisitions shall be
paid by the Secretary of the Treasury out of any money in the Treasury
not otherwise appropriated: Provided, That whenever, in the judgment of
the Secretary of the Army, the condition of any of the aforesaid works
is such that its entire reconstruction is absolutely essential to its
efficient and economical maintenance and operation as herein provided
for, the reconstruction thereof may include such modifications in plan
and location as may be necessary to provide adequate facilities for
existing navigation: Provided further, That the modifications are
necessary to make the reconstructed work conform to similar works
previously authorized by Congress and forming a part of the same
improvement, and that such modifications shall be considered and
approved by the Board of Engineers for Rivers and Harbors and be
recommended by the Chief of Engineers before the work of reconstruction
is commenced: And provided further, That nothing contained in this
section shall be held to apply to the Panama Canal.
(b) No taxes, tolls, operating charges, fees, or any other
impositions whatever shall be levied upon or collected from any vessel
or other water craft, or from its passengers or crew, by any non-Federal
interest, if the vessel or water craft is operating on any navigable
waters subject to the authority of the United States, or under the right
to freedom of navigation on those waters, except for--
(1) fees charged under section 2236 of this title; or
(See Below --> § 2236. Port or harbor dues.)
********************************
(2) reasonable fees charged on a fair and equitable basis that--
(A) are used solely to pay the cost of a service to the
vessel or water craft;
(B) enhance the safety and efficiency of interstate and
foreign commerce; and
(C) do not impose more than a small burden on interstate or
foreign commerce.

(3) property taxes on vessels or watercraft, other than vessels
or watercraft that are primarily engaged in foreign commerce if
those taxes are permissible under the United States Constitution.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+33USC5
----------------------------------------------------------------------------------------------------
THE WAY TITLE 33 Will Read if H.R. 5681 Passes
With The Section 302 Changes.

SEC. 302. GOODS AND SERVICES.
Section 4(b) of the Act of July 5, 1884, commonly known as the Rivers and
Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is amended--
(1) by striking `or' at the end of paragraph (2)(C);
(2) by striking the period at the end of paragraph (3) and inserting `; or'; and
(3) by adding at the end the following:
(4) sales taxes on goods and services provided to or by vessels or
watercraft (other than vessels or watercraft primarily engaged in foreign commerce).'.
http://www.congress.gov/cgi-bin/cpquery/R?cp109:FLD010:@1(hr614)
-----------------------------------------------------------------------------------------------
What H.R. 5681, Section 302 Is Attempting To Do

H.R. 5681, Section 302 attempts to change the ban on local navigable waters taxation and
instead allows local vessels to be taxed by local governments, while foreign vessels, like
"cruise ships," are exempted!
U.S. vessels like fishing charters, rafting trips and similar trips operating in navigable waters in
the U.S., will basically be the only folks subject to these navigable waters taxes!

The Coast Guard Reauthorization bill, H.R. 5681, which passed the U.S. House and is now
under consideration by the Senate, includes a provision that reinstates local taxes on goods
and services provided on navigable waterways. The prohibition on taxing navigable waterways
has been in effect since 1884 and was reinforced in 2002. Section 302 repeals most of the
prohibitions on confiscatory taxes prohibited by Section 445 of the Maritime Security
Transportation Act (MTSA) of 2002, and the Rivers and Harbors Act of 1884.
In the 2002 the Conference Report addressed the importance of Section 445:
Section 445 addresses the current problem, and the potential for greater future problems,
of local jurisdictions seeking to impose taxes and fees on vessels merely transiting or
making innocent passage through navigable waters subject to the authority of the
United States that are adjacent to the taxing community.

I personally do not believe local jurisdictions should be able to tax navigable waters.
I also believe it is completely unfair to allow foreign vessels to operate without this
same navigable waters taxation.
Please help remove Section 302 from H.R. 5681



http://www.webslingerz.com/jhoffman/congress-email.html

---------------------------------------------

Below are the current Congressional Actions on
H.R. 5681, SEC. 302. GOODS AND SERVICES.
Once this bill is passed by the U.S. Senate the Kenai Peninsula Borough
will be able to legally collect a sales tax on all Alaska navigable waters.

-------------------------------------------
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR05681:@@@X

H.R.5681
Title: To authorize appropriations for the Coast Guard for fiscal year 2007, and for other purposes.
Sponsor: Rep Young, Don [AK] (introduced 6/26/2006) Cosponsors (1)
Latest Major Action: 11/13/2006 Referred to Senate committee. Status: Read twice and referred to the
Committee on Commerce, Science, and Transportation.
House Reports: 109-614
---------------------------------------------
ALL ACTIONS:
6/26/2006:
Referred to the House Committee on Transportation and Infrastructure.
6/28/2006:
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
6/28/2006:
Subcommittee on Coast Guard and Maritime Transportation Discharged.
6/28/2006:
Ordered to be Reported (Amended) by Voice Vote.
7/28/2006 9:36pm:
Reported (Amended) by the Committee on Transportation. H. Rept. 109-614.
7/28/2006 9:36pm:
Placed on the Union Calendar, Calendar No. 354.
9/28/2006 10:30pm:
Mr. LoBiondo moved to suspend the rules and pass the bill, as amended.
9/28/2006 10:30pm:
Considered under suspension of the rules. (consideration: CR H7877-7886)
9/28/2006 10:51pm:
On motion to suspend the rules and pass the bill, as amended Agreed to by
voice vote. (text: CR H7877-7884)
9/28/2006 10:51pm:
Motion to reconsider laid on the table Agreed to without objection.
9/29/2006:
Received in the Senate.
11/13/2006:
Read twice and referred to the Committee on Commerce, Science,
and Transportation.
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR05681:@@@X
----------------------------------------------------------------------------------------------

Rep. Don Young’s (R-AK) Committee authored this new H.R. 5681, SEC. 302. GOODS
AND SERVICES legislation to only tax small local business operator's on our navigable waters.
---------------------------------------------------------------------------------------------

Contact Congressman Don Young using the following information:
http://donyoung.house.gov/contact.htm
Contact Don Young - http://donyoung.house.gov/IMA/issue_subscribe.htm

Rep. Don Young's Website - http://donyoung.house.gov/
WASHINGTON, DC OFFICE
2111 Rayburn HOB
Washington, DC 20515
(202) 225-5765 - Phone (202) 225-0425 - Fax
email - mailto:donyoung.house.gov/IMA/issue_subscribe.htm

ANCHORAGE CENTRAL DISTRICT OFFICE
Office of Congressman Don Young
Peterson Tower Building
510 L St, Suite 580
Anchorage, Alaska 99501-1954
(907) 271-5978 - Phone
(907) 271-5950 - Fax
email - mailto:donyoung.house.gov/IMA/issue_subscribe.htm
http://donyoung.house.gov/contact.htm
-------------------------------------------------------------
Senator Ted Stevens website- http://stevens.senate.gov/index.cfm

Senator Ted Stevens Email - mailto:stevens.senate.gov/contact.cfm
The Honorable Ted Stevens
United States Senate
522 Hart Senate Office Building
Washington, D.C. 20510

(202) 224-3004
(202) 224-2354 FAX

Help Remove Section 302 from H.R. 5681, contact your Senator today.

Please ask your Representatives to remove Section 302 from:
[ H.R. 5681 - To authorize appropriations for the Coast Guard for fiscal year
2007, and for other purposes.]

------------------------------------------------
ALASKA HOUSE OF REPRESENTATIVES EMAIL ADDRESSES
Representative_Tom_Anderson@legis.state.ak.us,Representative_Ethan_Berkowitz@legis.state.ak.us,Representative_Mike_Chenault@legis.state.ak.us,Representative_Sharon_Cissna@legis.state.ak.us,Representative_John_Coghill@legis.state.ak.us,Representative_Harry_Crawford@legis.state.ak.us,Representative_Eric_Croft@legis.state.ak.us,Representative_Nancy_Dahlstrom@legis.state.ak.us,Representative_Jim_Elkins@legis.state.ak.us,Representative_Richard_Foster@legis.state.ak.us,Representative_Les_Gara@legis.state.ak.us,Representative_Berta_Gardner@legis.state.ak.us,Representative_Carl_Gatto@legis.state.ak.us,Representative_Max_Gruenberg@legis.state.ak.us,Representative_David_Guttenberg@legis.state.ak.us,Representative_John_Harris@legis.state.ak.us,Representative_Mike_Hawker@legis.state.ak.us,Representative_Jim_Holm@legis.state.ak.us,Representative_Reggie_Joule@legis.state.ak.us,Representative_Mary_Kapsner@legis.state.ak.us,Representative_Mike_Kelly@legis.state.ak.us,Representative_Beth_Kerttula@legis.state.ak.us,Representative_Vic_Kohring@legis.state.ak.us,Representative_Pete_Kott@legis.state.ak.us,Representative_Gabrielle_LeDoux@legis.state.ak.us,Representative_Bob_Lynn@legis.state.ak.us,Representative_Lesil_McGuire@legis.state.ak.us,Representative_Kevin_Meyer@legis.state.ak.us,Representative_Carl_Moses@legis.state.ak.us,Representative_Mark_Neuman@legis.state.ak.us,Representative_Kurt_Olson@legis.state.ak.us,Representative_Jay_Ramras@legis.state.ak.us,Representative_Norman_Rokeberg@legis.state.ak.us,Representative_Woodie_Salmon@legis.state.ak.us,Representative_Ralph_Samuels@legis.state.ak.us,Representative_Paul_Seaton@legis.state.ak.us,Representative_Bill_Stoltze@legis.state.ak.us,Representative_Bill_Thomas@legis.state.ak.us,Representative_Bruce_Weyhrauch@legis.state.ak.us,
Representative_Peggy_Wilson@legis.state.ak.us
--------------------------------------------------
ALASKA SENATE EMAIL ADDRESSES
Senator_Con_Bunde@legis.state.ak.us,Senator_John_Cowdery@legis.state.ak.us,Senator_Bettye_Davis@legis.state.ak.us,Senator_Fred_Dyson@legis.state.ak.us,Senator_Johnny_Ellis@legis.state.ak.us,Senator_Kim_Elton@legis.state.ak.us,Senator_Hollis_French@legis.state.ak.us,Senator_Lyda_Green@legis.state.ak.us,Senator_Gretchen_Guess@legis.state.ak.us,Senator_Lyman_Hoffman@legis.state.ak.us,Senator_Charlie_Huggins@legis.state.ak.us,Representative_Albert_Kookesh@legis.state.ak.us,Senator_Donny_Olson@legis.state.ak.us,Senator_Ralph_Seekins@legis.state.ak.us,Senator_Bert_Stedman@legis.state.ak.us,Senator_Ben_Stevens@legis.state.ak.us,Senator_Gary_Stevens@legis.state.ak.us,Senator_Gene_Therriault@legis.state.ak.us,Senator_Thomas_Wagoner@legis.state.ak.us,
Senator_Gary_Wilken@legis.state.ak.us
-----------------------------------
ALASKA Public Opinion Message - POM to all representatives
http://www.legis.state.ak.us/poms/
------------------------------------
Email Alaska's Governor Palin
http://www.gov.state.ak.us/govmailSP.php
-----------------------------------
U.S. CONGRESSIONAL EMAIL DIRECTORY
http://www.webslingerz.com/jhoffman/congress-email.html

---------------------------------------------------------------------------------------------------------


Sport Fish Alert is a free sport fish information service.
If you hear sport fish news or wish to be add to the Sport Fish Alert mail
list just drop us a letter at ccpwow@gci.net

Don Johnson
ccpwow@gci.net

[ Next Thread | Previous Thread | Next Message | Previous Message ]
[ Contact Forum Admin ]

Forum timezone: GMT-8
VF Version: 3.00b, ConfDB:
Before posting please read our privacy policy.
VoyForums(tm) is a Free Service from Voyager Info-Systems.
Copyright © 1998-2019 Voyager Info-Systems. All Rights Reserved.