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33 U.S.C. § 59iiDeclaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia

submitted 27 years ago by Pub. L. 106-32 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 243 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law declares part of the James River and Kanawha Canal in Richmond, Virginia nonnavigable for vessel-documentation purposes. The Secretary of Transportation must help keep boats there safe. The Secretary can cancel the declaration later if safety rules aren't followed, after consulting officials and hearing from affected people.

(a) Canal declared nonnavigable: The part of the James River and Kanawha Canal in Richmond, Virginia, between the Great Ship Lock on the east and the Richmond city limits on the west, is declared a nonnavigable waterway of the United States for purposes of vessel documentation law (subtitle II of title 46). (b) Ensuring public safety: The Secretary of Transportation must give Richmond, or whoever it designates, whatever technical advice, information, and help it asks for, to make sure vessels on these waters are built, maintained, and operated safely. (c) Termination of declaration: (1) In general: The Secretary of Transportation may end the declaration in (a) by publishing a finding that vessels on these waters have not been built, maintained, and operated safely. (2) Public input: Before making that finding, the Secretary must (A) consult with relevant state and local officials on whether the finding is needed to protect safety and serves the public interest, and (B) give people who might be hurt by the finding a chance to comment and have a hearing on whether it is necessary.
the actual law source: uscode.house.gov ↗public domain
(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) 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.

Source credit: (Pub. L. 106–32, § 2, June 1, 1999, 113 Stat. 115.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-32 · 113 Stat. 115

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-32 on 1999-06-01.

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