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.
PL 106-32 (H.R.1034), enacted 06/01/1999

PUBLIC LAW 106-32-nJUNE 1, 1999 
113 STAT. 115 
Public Law 106-32 
106th Congress 
An Act 
To declare a portion of the James River and Kanawha Canal in Richmond, Virginia, 
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to be nonnavigable waters of the United States for purposes of title 46, United 
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States Code, and the other maritime laws of the United States. 
[H.R. 1034] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
33 USC 59ii note. 
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 unneces-
sary 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 NONNAVIGABIUTY OF A PORTION OF THE 
33 USC 59ii. 
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 
113 STAT. 116 
PUBLIC LAW 106-32—JUNE 1, 1999 
to insure that the vessels operating on the waters declared nonnav-
igable 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 sub-
section (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 govern-
ment 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. 
Approved June 1, 1999. 
L E G I S L A T I V E H I S T O R Y — H . R . 
1034: 
HOUSE REPORTS: No. 106-107 (Comm. on Transportation and Infrastructure). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Apr. 27, considered and passed House. 
May 26, considered and passed Senate.