[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:
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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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