§ 59ii. — Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59ii]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 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.
(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) of this section 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) of this section by
publishing a determination that vessels operating on the waters
declared nonnavigable by subsection (a) of this section 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.
(Pub. L. 106-32, Sec. 2, June 1, 1999, 113 Stat. 115.)
Findings
Pub. L. 106-32, Sec. 1, June 1, 1999, 113 Stat. 115, provided that:
``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.''
