[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1034 Reported in House (RH)]
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 Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. FINDINGS.</DELETED>
<DELETED> The Congress finds the following:</DELETED>
<DELETED> (1) The James River and Kanawha Canal, located in
Richmond, Virginia, played an important part in the economic
development of the Commonwealth of Virginia and the City of
Richmond.</DELETED>
<DELETED> (2) The canal ceased to operate as a functioning
waterway in the conduct of commerce in the late
1800's.</DELETED>
<DELETED> (3) Portions of the canal have been found by a
Federal district court to be nonnavigable.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) The continued classification of the canal as
navigable waters of the United States based on historic usage
that ceased more than 100 years ago does not serve the public
interest and is not necessary to protect public
safety.</DELETED>
<DELETED> (7) Congressional action is required to clarify
that the canal is no longer to be treated as navigable waters
of the United States.</DELETED>
<DELETED>SEC. 2. PORTION OF JAMES RIVER AND KANAWHA CANAL DECLARED TO
BE NONNAVIGABLE WATERS OF THE UNITED STATES.</DELETED>
<DELETED> The portion of the canal known as the James River and
Kanawha Canal in Richmond, Virginia, between the Great Ship Lock on the
East and the border of the City of Richmond on the West is declared 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.</DELETED>
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.
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 Committee of the Whole
House on the State of the Union, and ordered to be printed