§59ii — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The stretch of the James River and Kanawha Canal in Richmond, from the Great Ship Lock on the east to the city limits on the west, is declared nonnavigable under the federal navigation rules in subtitle II of Title 46. The Secretary of Transportation must give technical help, information, and assistance to the City of Richmond or its chosen representative if asked so boats on those waters are built, kept, and operated safely. The Secretary can end the nonnavigable status if he finds boats are not being kept or used safely, but must first consult state and local officials and give people who might be affected a chance to comment and have a hearing.

Title 33, §59ii

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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)(1)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)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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Findings Pub. L. 106–32, § 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.”

§59ii Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia

Summary

Title 33, §59ii

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata