IB
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The James River and Kanawha Canal, lo-
cated in Richmond, Virginia, played an important
part in the economic development of the Common-
wealth of Virginia and the City of Richmond.
(2) The canal ceased to operate as a func-
tioning waterway in the conduct of commerce in the
late 1800’s.
(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 eco-
nomic development of downtown Richmond.
(5) The restored portion of the canal will not be
utilized for general public boating, and will be re-
stricted to activities similar to those conducted on
similar waters in San Antonio, Texas.
(6) The continued classification of the canal as
navigable waters of the United States based on his-
toric usage that ceased more than 100 years ago
(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 uti-
lized to provide entertainment and education to visi-
tors 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 re-
stricted 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 navi-
gable 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, VIR-
GINIA.
(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 water-
way 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, infor-
mation, and assistance as the city of Richmond, Virginia,
or its designee may request to insure that the vessels oper-
ating 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 Transpor-
tation may terminate the effectiveness of the declara-
tion made by subsection (a) by publishing a deter-
mination 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 determina-
tion under this subsection, the Secretary of Transpor-
tation 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 ad-
versely affected by the determination the oppor-
tunity for comment and a hearing on whether
such action is necessary to protect public safety
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
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.
APRIL 27, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed