[House Report 106-107]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-107

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TO DECLARE A PORTION OF THE JAMES RIVER AND KANAWHA CANAL IN RICHMOND, 
        VIRGINIA, TO BE NONNAVIGABLE WATERS OF THE UNITED STATES

                                _______
                                

 April 27, 1999.--Committed to the Committee on the Whole House on the 
              State of the Union and ordered to be printed

                                _______


 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1034]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1034) 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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.

                            Purpose of Bill

    The primary purpose of H.R. 1034 is to declare a portion of 
the James River and the Kanawha Canal in Richmond, Virginia, to 
be nonnavigable waters of the United States for purposes of 
subtitle II of title 46, United States Code.
    The City of Richmond, Virginia, is developing a historical 
restoration and flood control project on the James River and 
Kanawha Canal in downtown Richmond. The City hopes to create 
new tourism development potential for the area.
    The City plans to offer boat tours along the Kanawha Canal, 
and has awarded the boat operating contract to Waterway 
Excursions, Inc. The City has informed the Committee that 
Waterway Excursions will use the same type of vessels under the 
same operating standards in Richmond that are presently used in 
boat tours operating on the San Antonio, Texas, ``Riverwalk''. 
The City has also informed the Committee that it will not open 
the James River and Kanawha Canal for the use of any other 
vessels.
    Because of the historical commercial uses of the James 
River and Kanawha Canal, the Coast Guard has determined that it 
is a navigable waterway of the United States. The navigable 
waters determination triggers the application of Federal vessel 
safety standards under subtitle II of title 46, United States 
Code. The Coast Guard has informed the Committee that the City 
of Richmond's proposed boat tour operation meets Coast Guard 
vessel standards under subtitle II of title 46, United States 
Code.

                            Committee Action

    On March 9, 1999, Mr. Bliley introduced H.R. 1034, 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.
    On April 22, 1999, the Committee on Transportation and 
Infrastructure met to consider H.R. 1034. Mr. Gilchrest asked 
unanimous consent that the Subcommittee on Coast Guard and 
Maritime Transportation be discharged from further 
consideration of H.R. 1034. The Subcommittee was discharged 
from consideration of the bill without objection.
    Mr. Shuster offered an amendment in the nature of a 
substitute which limits the application of the bill to Coast 
Guard vessel standards under subtitle II of title 46, United 
States Code. The amendment also provides an administrative 
process to allow the Secretary of Transportation to assert 
jurisdiction over the James River and Kanawha Canal if 
necessary to protect the public safety. The Shuster amendment 
in the nature of a substitute was adopted by voice vote in the 
presence of a quorum.
    H.R. 1034, as amended, was ordered reported to the House of 
Representatives by a voice vote in the presence of a quorum.

                Section by Section Analysis of H.R. 1034

Section 1. Findings

    This section includes several findings related to the bill.

Section 2. Declaration of nonnavigability of a portion of the canal 
        known as the James River and Kanawha Canal in Richmond, 
        Virginia

    This section declares the portion of the canal known as the 
James River and Kanawha Canal in Richmond, located between the 
Great Ship Lock on the east and the limits of the city of 
Richmond on the west, to be a nonnavigable waterway of the 
United States for the purposes of subtitle II of title 46, 
United States Code.
    Section 2 also requires the Secretary of Transportation to 
provide technical advice, information, and assistance as the 
City of Richmond or its designee may request to insure that the 
vessels operating on the canal are built, maintained, and 
operated in a manner consistent with protecting public safety.
    Finally, this section allows the Secretary of 
Transportation to terminate the nonnavigability determination 
by publishing a determination that vessels operating on the 
canal have not been built, maintained, and operated in a manner 
consistent with protecting public safety. Before making this 
determination reversing his earlier decision, the Secretary 
must consult with appropriate State and local government 
officials regarding whether such a determination is necessary 
to protect public safety and provide individuals who might be 
adversely affected by the new determination the opportunity to 
comment and a hearing.
    The Mayor of Richmond, Virginia, has sent the following 
letters, which relate to this legislation, to Representative 
Thomas J. Bliley, Jr.:

                                          City of Richmond,
                                      Richmond, VA, April 20, 1999.
Hon. Thomas J. Bliley, Jr.,
House of Representatives,
Washington, DC.
    Dear Congressman Bliley: It was a pleasure speaking with 
you on Monday concerning the renovation and reopening of 
Richmond's Historic Canal System. We certainly appreciate your 
efforts to assist us with the Coast Guard regulation of the 
canal.
    As we discussed, I will introduce an ordinance on Monday, 
April 26 mandating that the canal boats will carry no more than 
40 passengers during operation. I expect that this ordinance 
will not encounter any opposition and should be passed at our 
meeting on May 10. Once the ordinance is passed, I will send a 
copy to you for appropriate distribution.
    Thank you so much for your assistance on this matter. We 
have waited a long time to reopen this historic resource and it 
will be a great benefit to generations of Richmonders.
            Sincerely,
                                           Timothy M. Kaine, Mayor.
                                ------                                

                                          City of Richmond,
                                      Richmond, VA, April 13, 1999.
Hon. Thomas J. Bliley,
Rayburn House Office Building,
Washington, DC.
Hon. Robert C. Scott,
Rayburn House Office Building,
Washington, DC.
    Dear Messrs. Bliley and Scott: I want to express my 
appreciation on behalf of the City of Richmond to you for 
introducing H.R. 1934 to declare the James River and Kanawha 
Canal non-navigable. The time and energy that you and your 
respective staffs have given on behalf of this important 
economic development project are greatly appreciated.
    I am writing to address certain concerns that have been 
raised by members of the Committee on Transportation and 
Infrastructure professional staff regarding the operation of 
canal boats on the James River & Kanawha Canal. As you know, 
members of your staffs and the committee visited Richmond 
yesterday to gain a first hand understanding of what this 
project entails.
    The staff has expressed a desire to have a fuller 
understanding of the actions the City of Richmond will take 
after the canal is declared non-navigable to insure that boats 
operated on the canal are built, maintained and operated in a 
manner that will insure public safety. As you know, the Coast 
Guard has reviewed the design of the boats that will be used on 
this canal and found the design suitable for a passenger load 
of up to 40 people. The Coast Guard has also reviewed other 
aspects of the planned operation. As I understand it, the staff 
is not concerned with the operations as planned, but is seeking 
some assurance of how the city will address changes in 
operation that may be proposed at some time in the future.
    It will be the city's intention to require that it receive 
notification from its franchisee (i.e. the Riverfront 
Management Corporation), of any material changes in the design 
or operation of canal boats on the James River & Kanawha Canal. 
The city would then utilize the provisions of section 2(b) of 
the current draft of legislation to seek advice and assistance 
from the Secretary of Transportation to enable the city to 
determine whether or not the proposed changes in operation or 
boat design were consistent with protecting public safety. The 
city would then exercise its authority under existing law to 
take appropriate action.
    The city takes its obligation to protect safety seriously 
and will make appropriate use of local, state, federal, and 
private sector expertise to insure that this project is 
operated consistent with protecting public safety. The canal 
redevelopment is of vital importance to the economic 
development of Richmond. The project is nearing completion and 
prompt passage of legislation is necessary.
    I hope this letter will serve to clarify the manner in 
which the city plans to proceed once these waters are declared 
non-navigable.
            Sincerely,
                                           Timothy M. Kaine, Mayor.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1034.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1034 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

H.R. 1034--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

    CBO estimates that enacting H.R. 1034 would have no 
significant effect on the federal budget. Because the bill 
could reduce offsetting receipts (a credit against direct 
spending), pay-as-you-go procedures would apply. We estimate, 
however, that any loss of receipts would be negligible. H.R. 
1034 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act and would impose 
no costs on state, local, or tribal governments.
    H.R. 1034 would declare a portion of a canal in Richmond, 
Virginia, to be a nonnavigable waterway for the purposes of 
administering certain laws under the jurisdiction of the U.S. 
Coast Guard (USCG). This declaration would make it unnecessary 
for operators of a few small passenger vessels (for guided 
tours) to obtain federal safety inspections. As a result, the 
USCG would forgo a few hundred dollars of fees that it usually 
charges for such services. Based on information provided by the 
agency, CBO estimates that the total annual loss of receipts 
would be less than $1,000.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

                                
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