II

Calendar No. 118

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

MAY 18 (legislative day, MAY 14), 1999

Reported by Mr. MCCAIN, without amendment

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,

3 SECTION 1. FINDINGS.

4 The Congress finds the following:

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

6 Kanawha Canal played an important part in the eco7 nomic development of the Commonwealth of Virginia

8 and the city of Richmond.
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HR 1034 RS

1 (2) The canal ceased to operate as a func2 tioning waterway in the conduct of commerce in the

3 late 1800s.

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

5 Federal district court to be nonnavigable.

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

7 utilized to provide entertainment and education to

8 visitors and will play an important part in the eco9 nomic development of downtown Richmond.

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

11 utilized for general public boating, and will be re12 stricted to activities similar to those conducted on

13 similar waters in San Antonio, Texas.

14 (6) The continued classification of the canal as

15 a navigable waterway based upon historic usage that

16 ceased more than 100 years ago does not serve the

17 public interest and is unnecessary to protect public

18 safety.

19 (7) Congressional action is required to clarify

20 that the canal is no longer to be considered a navi21 gable waterway for purposes of subtitle II of title

22 46, United States Code.
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HR 1034 RS

1 SEC. 2. DECLARATION OF NONNAVIGABILITY OF A POR2 TION OF THE CANAL KNOWN AS THE JAMES

3 RIVER AND KANAWHA CANAL IN RICHMOND,

4 VIRGINIA.

5 (a) CANAL DECLARED NONNAVIGABLE.—The por6 tion of the canal known as the James River and Kanawha

7 Canal in Richmond, Virginia, located between the Great

8 Ship Lock on the east and the limits of the city of Rich9 mond on the west is hereby declared to be a nonnavigable

10 waterway of the United States for purposes of subtitle II

11 of title 46, United States Code.

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

13 Transportation shall provide such technical advice, infor14 mation, and assistance as the city of Richmond, Virginia,

15 or its designee may request to insure that the vessels oper16 ating on the waters declared nonnavigable by subsection

17 (a) are built, maintained, and operated in a manner con18 sistent with protecting public safety.

19 (c) TERMINATION OF DECLARATION.—

20 (1) IN GENERAL.—The Secretary of Transpor21 tation may terminate the effectiveness of the dec22 laration made by subsection (a) by publishing a de23 termination that vessels operating on the waters de24 clared nonnavigable by subsection (a) have not been

25 built, maintained, and operated in a manner con26 sistent with protecting public safety.
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1 (2) PUBLIC INPUT.—Before making a deter2 mination under this subsection, the Secretary of

3 Transportation shall—

4 (A) consult with appropriate State and

5 local government officials regarding whether

6 such a determination is necessary to protect

7 public safety and will serve the public interest;

8 and

9 (B) provide to persons who might be ad10 versely affected by the determination the oppor11 tunity for comment and a hearing on whether

12 such action is necessary to protect public safety

13 and will serve the public interest.

Calendar No. 118

106TH CONGRESS

1ST SESSION H. R. 1034

AN ACT

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

MAY 18 (legislative day, MAY 14), 1999

Reported without amendment