H.R. 1034 (rh) 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. [Reported in Hou...

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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

_______________________________________________________________________

                                 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 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.

            Passed the House of Representatives April 27, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

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