H. R. 1034

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. FINDINGS.

The Congress finds the following:

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

Canal played an important part in the economic development

of the Commonwealth of Virginia and the City of Richmond.

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

in the conduct of commerce in the late 1800s.

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

district court to be nonnavigable.

(4) The restored portion of the canal will be utilized to

provide entertainment and education to visitors and will play

an important part in the economic development of downtown

Richmond.

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

for general public boating, and will be restricted to activities

similar to those conducted on similar waters in San Antonio,

Texas.

(6) The continued classification of the canal as a navigable

waterway based upon historic usage that ceased more than

100 years ago does not serve the public interest and is unnecessary to protect public safety.

(7) Congressional action is required to clarify that the

canal is no longer to be considered a navigable waterway for

purposes of subtitle II of title 46, United States Code.

SEC. 2. DECLARATION OF NONNAVIGABILITY OF A PORTION OF THE

CANAL KNOWN AS THE JAMES RIVER AND KANAWHA

CANAL IN RICHMOND, VIRGINIA.

(a) CANAL DECLARED NONNAVIGABLE.—The portion of the canal

known as the James River and Kanawha Canal in Richmond,

Virginia, located between the Great Ship Lock on the east and

the limits of the City of Richmond on the west is hereby declared

to be a nonnavigable waterway of the United States for purposes

of subtitle II of title 46, United States Code.

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

shall provide such technical advice, information, and assistance

as the City of Richmond, Virginia, or its designee may request
H. R. 1034—2

to insure that the vessels operating on the waters declared nonnavigable by subsection (a) are built, maintained, and operated in

a manner consistent with protecting public safety.

(c) TERMINATION OF DECLARATION.—

(1) IN GENERAL.—The Secretary of Transportation may

terminate the effectiveness of the declaration made by subsection (a) by publishing a determination that vessels operating

on the waters declared nonnavigable by subsection (a) have

not been built, maintained, and operated in a manner consistent

with protecting public safety.

(2) PUBLIC INPUT.—Before making a determination under

this subsection, the Secretary of Transportation shall—

(A) consult with appropriate State and local government officials regarding whether such a determination is

necessary to protect public safety and will serve the public

interest; and

(B) provide to persons who might be adversely affected

by the determination the opportunity for comment and

a hearing on whether such action is necessary to protect

public safety and will serve the public interest.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.