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Union Calendar No. 60

106TH CONGRESS

1ST SESSION H. R. 1034

[Report No. 106–107]

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 9, 1999

Mr. BLILEY (for himself and Mr. SCOTT) introduced the following bill; which

was referred to the Committee on Transportation and Infrastructure

APRIL 27, 1999

Additional sponsors: Mr. PICKETT, Mr. SISISKY, and Mr. BATEMAN

APRIL 27, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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.
2

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

3 SECTION 1. FINDINGS.

4 The Congress finds the following:

5 (1) The James River and Kanawha Canal, lo6 cated in Richmond, Virginia, played an important

7 part in the economic development of the Common8 wealth of Virginia and the City of Richmond.

9 (2) The canal ceased to operate as a func10 tioning waterway in the conduct of commerce in the

11 late 1800’s.

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

13 Federal district court to be nonnavigable.

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

15 utilized to provide entertainment and education to

16 visitors and will play an important part in the eco17 nomic development of downtown Richmond.

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

19 utilized for general public boating, and will be re20 stricted to activities similar to those conducted on

21 similar waters in San Antonio, Texas.

22 (6) The continued classification of the canal as

23 navigable waters of the United States based on his24 toric usage that ceased more than 100 years ago
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1 does not serve the public interest and is not nec2 essary to protect public safety.

3 (7) Congressional action is required to clarify

4 that the canal is no longer to be treated as navigable

5 waters of the United States.

6 SEC. 2. PORTION OF JAMES RIVER AND KANAWHA CANAL

7 DECLARED TO BE NONNAVIGABLE WATERS

8 OF THE UNITED STATES.

9 The portion of the canal known as the James River

10 and Kanawha Canal in Richmond, Virginia, between the

11 Great Ship Lock on the East and the border of the City

12 of Richmond on the West is declared to be nonnavigable

13 waters of the United States for purposes of title 46,

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

15 United States.

16 SECTION 1. FINDINGS.

17 The Congress finds the following:

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

19 Kanawha Canal played an important part in the eco20 nomic development of the Commonwealth of Virginia

21 and the city of Richmond.

22 (2) The canal ceased to operate as a functioning

23 waterway in the conduct of commerce in the late

24 1800s.
4

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

2 Federal district court to be nonnavigable.

3 (4) The restored portion of the canal will be uti4 lized to provide entertainment and education to visi5 tors and will play an important part in the economic

6 development of downtown Richmond.

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

8 utilized for general public boating, and will be re9 stricted to activities similar to those conducted on

10 similar waters in San Antonio, Texas.

11 (6) The continued classification of the canal as

12 a navigable waterway based upon historic usage that

13 ceased more than 100 years ago does not serve the

14 public interest and is unnecessary to protect public

15 safety.

16 (7) Congressional action is required to clarify

17 that the canal is no longer to be considered a navi18 gable waterway for purposes of subtitle II of title 46,

19 United States Code.

20 SEC. 2. DECLARATION OF NONNAVIGABILITY OF A PORTION

21 OF THE CANAL KNOWN AS THE JAMES RIVER

22 AND KANAWHA CANAL IN RICHMOND, VIR23 GINIA.

24 (a) CANAL DECLARED NONNAVIGABLE.—The portion

25 of the canal known as the James River and Kanawha Canal
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1 in Richmond, Virginia, located between the Great Ship

2 Lock on the east and the limits of the city of Richmond

3 on the west is hereby declared to be a nonnavigable water4 way of the United States for purposes of subtitle II of title

5 46, United States Code.

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

7 Transportation shall provide such technical advice, infor8 mation, and assistance as the city of Richmond, Virginia,

9 or its designee may request to insure that the vessels oper10 ating on the waters declared nonnavigable by subsection (a)

11 are built, maintained, and operated in a manner consistent

12 with protecting public safety.

13 (c) TERMINATION OF DECLARATION.—

14 (1) IN GENERAL.—The Secretary of Transpor15 tation may terminate the effectiveness of the declara16 tion made by subsection (a) by publishing a deter17 mination that vessels operating on the waters declared

18 nonnavigable by subsection (a) have not been built,

19 maintained, and operated in a manner consistent

20 with protecting public safety.

21 (2) PUBLIC INPUT.—Before making a determina22 tion under this subsection, the Secretary of Transpor23 tation shall—

24 (A) consult with appropriate State and

25 local government officials regarding whether such
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1 a determination is necessary to protect public

2 safety and will serve the public interest; and

3 (B) provide to persons who might be ad4 versely affected by the determination the oppor5 tunity for comment and a hearing on whether

6 such action is necessary to protect public safety

7 and will serve the public interest.

Union Calendar No. 60

106TH CONGRESS

1ST SESSION H. R. 1034

[Report No. 106–107]

A BILL

To declare a portion of the James River and

other maritime laws of the United States.purposes of title 46, United States Code, and thenonnavigable waters of the United States forKanawha Canal in Richmond, Virginia, to be

APRIL 27, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,