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<PRE>[DOCID: f:h1034enr.txt]
        H.R.1034

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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