[106th Congress Public Law 032]
[From the U.S. Government Printing Office]


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[DOCID: f:publ032.106]

Public Law 106-032
106th Congress

                                 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. <<NOTE: Jun. 1, 1999 -  [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. <<NOTE: 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 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. <<NOTE: 33 USC 59ii.>> 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.

    Approved June 1, 1999.

LEGISLATIVE HISTORY--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.

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