106TH CONGRESS
1ST SESSION
H. R. 1034
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 Representa-
tives 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 eco-
nomic development of the Commonwealth 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 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 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
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 POR-
TION OF THE CANAL KNOWN AS THE JAMES
RIVER AND KANAWHA CANAL IN RICHMOND,
VIRGINIA.
(a) CANAL DECLARED NONNAVIGABLE.—The por-
tion 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 Rich-
mond 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, 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 con-
sistent with protecting public safety.
(c) TERMINATION OF DECLARATION.—
(1) IN GENERAL.—The Secretary of Transpor-
tation may terminate the effectiveness of the dec-
laration made by subsection (a) by publishing a de-
termination that vessels operating on the waters de-
clared nonnavigable by subsection (a) have not been
built, maintained, and operated in a manner con-
sistent with protecting public safety.
(2) PUBLIC
INPUT.—Before making a deter-
mination 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 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.
Passed the House of Representatives April 27, 1999.
Attest:
Clerk.