IIB

106TH CONGRESS

1ST SESSION H. R. 1034

IN THE SENATE OF THE UNITED STATES

APRIL 28, 1999

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To declare a portion of the James River and Kanawha Canal

in Richmond, Virginia, to be nonnavigable waters of the

United States for purposes of title 46, United States

Code, and the other maritime laws of the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. FINDINGS.

2 The Congress finds the following:

3 (1) The canal known as the James River and

4 Kanawha Canal played an important part in the eco5 nomic development of the Commonwealth of Virginia

6 and the city of Richmond.

7 (2) The canal ceased to operate as a func8 tioning waterway in the conduct of commerce in the

9 late 1800s.

10 (3) Portions of the canal have been found by a

11 Federal district court to be nonnavigable.

12 (4) The restored portion of the canal will be

13 utilized to provide entertainment and education to

14 visitors and will play an important part in the eco15 nomic development of downtown Richmond.

16 (5) The restored portion of the canal will not be

17 utilized for general public boating, and will be re18 stricted to activities similar to those conducted on

19 similar waters in San Antonio, Texas.

20 (6) The continued classification of the canal as

21 a navigable waterway based upon historic usage that

22 ceased more than 100 years ago does not serve the

23 public interest and is unnecessary to protect public

24 safety.

25 (7) Congressional action is required to clarify

26 that the canal is no longer to be considered a navi-
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1 gable waterway for purposes of subtitle II of title

2 46, United States Code.

3 SEC. 2. DECLARATION OF NONNAVIGABILITY OF A POR4 TION OF THE CANAL KNOWN AS THE JAMES

5 RIVER AND KANAWHA CANAL IN RICHMOND,

6 VIRGINIA.

7 (a) CANAL DECLARED NONNAVIGABLE.—The por8 tion of the canal known as the James River and Kanawha

9 Canal in Richmond, Virginia, located between the Great

10 Ship Lock on the east and the limits of the city of Rich11 mond on the west is hereby declared to be a nonnavigable

12 waterway of the United States for purposes of subtitle II

13 of title 46, United States Code.

14 (b) ENSURING PUBLIC SAFETY.—The Secretary of

15 Transportation shall provide such technical advice, infor16 mation, and assistance as the city of Richmond, Virginia,

17 or its designee may request to insure that the vessels oper18 ating on the waters declared nonnavigable by subsection

19 (a) are built, maintained, and operated in a manner con20 sistent with protecting public safety.

21 (c) TERMINATION OF DECLARATION.—

22 (1) IN GENERAL.—The Secretary of Transpor23 tation may terminate the effectiveness of the dec24 laration made by subsection (a) by publishing a de25 termination that vessels operating on the waters de-
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1 clared nonnavigable by subsection (a) have not been

2 built, maintained, and operated in a manner con3 sistent with protecting public safety.

4 (2) PUBLIC INPUT.—Before making a deter5 mination under this subsection, the Secretary of

6 Transportation shall—

7 (A) consult with appropriate State and

8 local government officials regarding whether

9 such a determination is necessary to protect

10 public safety and will serve the public interest;

11 and

12 (B) provide to persons who might be ad13 versely affected by the determination the oppor14 tunity for comment and a hearing on whether

15 such action is necessary to protect public safety

16 and will serve the public interest.

Passed the House of Representatives April 27, 1999.

Attest: JEFF TRANDAHL,

Clerk.