§59ii Declaration of Nonnavigability of a Portion of the Canal Known as the James River and Kanawha Canal in Richmond, Virginia

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.”