[House Report 106-107]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-107
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TO DECLARE A PORTION OF THE JAMES RIVER AND KANAWHA CANAL IN RICHMOND,
VIRGINIA, TO BE NONNAVIGABLE WATERS OF THE UNITED STATES
_______
April 27, 1999.--Committed to the Committee on the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1034]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1034) 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, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
Purpose of Bill
The primary purpose of H.R. 1034 is to declare a portion of
the James River and the Kanawha Canal in Richmond, Virginia, to
be nonnavigable waters of the United States for purposes of
subtitle II of title 46, United States Code.
The City of Richmond, Virginia, is developing a historical
restoration and flood control project on the James River and
Kanawha Canal in downtown Richmond. The City hopes to create
new tourism development potential for the area.
The City plans to offer boat tours along the Kanawha Canal,
and has awarded the boat operating contract to Waterway
Excursions, Inc. The City has informed the Committee that
Waterway Excursions will use the same type of vessels under the
same operating standards in Richmond that are presently used in
boat tours operating on the San Antonio, Texas, ``Riverwalk''.
The City has also informed the Committee that it will not open
the James River and Kanawha Canal for the use of any other
vessels.
Because of the historical commercial uses of the James
River and Kanawha Canal, the Coast Guard has determined that it
is a navigable waterway of the United States. The navigable
waters determination triggers the application of Federal vessel
safety standards under subtitle II of title 46, United States
Code. The Coast Guard has informed the Committee that the City
of Richmond's proposed boat tour operation meets Coast Guard
vessel standards under subtitle II of title 46, United States
Code.
Committee Action
On March 9, 1999, Mr. Bliley introduced H.R. 1034, a bill
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.
On April 22, 1999, the Committee on Transportation and
Infrastructure met to consider H.R. 1034. Mr. Gilchrest asked
unanimous consent that the Subcommittee on Coast Guard and
Maritime Transportation be discharged from further
consideration of H.R. 1034. The Subcommittee was discharged
from consideration of the bill without objection.
Mr. Shuster offered an amendment in the nature of a
substitute which limits the application of the bill to Coast
Guard vessel standards under subtitle II of title 46, United
States Code. The amendment also provides an administrative
process to allow the Secretary of Transportation to assert
jurisdiction over the James River and Kanawha Canal if
necessary to protect the public safety. The Shuster amendment
in the nature of a substitute was adopted by voice vote in the
presence of a quorum.
H.R. 1034, as amended, was ordered reported to the House of
Representatives by a voice vote in the presence of a quorum.
Section by Section Analysis of H.R. 1034
Section 1. Findings
This section includes several findings related to the bill.
Section 2. Declaration of nonnavigability of a portion of the canal
known as the James River and Kanawha Canal in Richmond,
Virginia
This section declares the portion of the canal known as the
James River and Kanawha Canal in Richmond, located between the
Great Ship Lock on the east and the limits of the city of
Richmond on the west, to be a nonnavigable waterway of the
United States for the purposes of subtitle II of title 46,
United States Code.
Section 2 also requires the Secretary of Transportation to
provide technical advice, information, and assistance as the
City of Richmond or its designee may request to insure that the
vessels operating on the canal are built, maintained, and
operated in a manner consistent with protecting public safety.
Finally, this section allows the Secretary of
Transportation to terminate the nonnavigability determination
by publishing a determination that vessels operating on the
canal have not been built, maintained, and operated in a manner
consistent with protecting public safety. Before making this
determination reversing his earlier decision, the Secretary
must consult with appropriate State and local government
officials regarding whether such a determination is necessary
to protect public safety and provide individuals who might be
adversely affected by the new determination the opportunity to
comment and a hearing.
The Mayor of Richmond, Virginia, has sent the following
letters, which relate to this legislation, to Representative
Thomas J. Bliley, Jr.:
City of Richmond,
Richmond, VA, April 20, 1999.
Hon. Thomas J. Bliley, Jr.,
House of Representatives,
Washington, DC.
Dear Congressman Bliley: It was a pleasure speaking with
you on Monday concerning the renovation and reopening of
Richmond's Historic Canal System. We certainly appreciate your
efforts to assist us with the Coast Guard regulation of the
canal.
As we discussed, I will introduce an ordinance on Monday,
April 26 mandating that the canal boats will carry no more than
40 passengers during operation. I expect that this ordinance
will not encounter any opposition and should be passed at our
meeting on May 10. Once the ordinance is passed, I will send a
copy to you for appropriate distribution.
Thank you so much for your assistance on this matter. We
have waited a long time to reopen this historic resource and it
will be a great benefit to generations of Richmonders.
Sincerely,
Timothy M. Kaine, Mayor.
------
City of Richmond,
Richmond, VA, April 13, 1999.
Hon. Thomas J. Bliley,
Rayburn House Office Building,
Washington, DC.
Hon. Robert C. Scott,
Rayburn House Office Building,
Washington, DC.
Dear Messrs. Bliley and Scott: I want to express my
appreciation on behalf of the City of Richmond to you for
introducing H.R. 1934 to declare the James River and Kanawha
Canal non-navigable. The time and energy that you and your
respective staffs have given on behalf of this important
economic development project are greatly appreciated.
I am writing to address certain concerns that have been
raised by members of the Committee on Transportation and
Infrastructure professional staff regarding the operation of
canal boats on the James River & Kanawha Canal. As you know,
members of your staffs and the committee visited Richmond
yesterday to gain a first hand understanding of what this
project entails.
The staff has expressed a desire to have a fuller
understanding of the actions the City of Richmond will take
after the canal is declared non-navigable to insure that boats
operated on the canal are built, maintained and operated in a
manner that will insure public safety. As you know, the Coast
Guard has reviewed the design of the boats that will be used on
this canal and found the design suitable for a passenger load
of up to 40 people. The Coast Guard has also reviewed other
aspects of the planned operation. As I understand it, the staff
is not concerned with the operations as planned, but is seeking
some assurance of how the city will address changes in
operation that may be proposed at some time in the future.
It will be the city's intention to require that it receive
notification from its franchisee (i.e. the Riverfront
Management Corporation), of any material changes in the design
or operation of canal boats on the James River & Kanawha Canal.
The city would then utilize the provisions of section 2(b) of
the current draft of legislation to seek advice and assistance
from the Secretary of Transportation to enable the city to
determine whether or not the proposed changes in operation or
boat design were consistent with protecting public safety. The
city would then exercise its authority under existing law to
take appropriate action.
The city takes its obligation to protect safety seriously
and will make appropriate use of local, state, federal, and
private sector expertise to insure that this project is
operated consistent with protecting public safety. The canal
redevelopment is of vital importance to the economic
development of Richmond. The project is nearing completion and
prompt passage of legislation is necessary.
I hope this letter will serve to clarify the manner in
which the city plans to proceed once these waters are declared
non-navigable.
Sincerely,
Timothy M. Kaine, Mayor.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 1034.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
1034 from the Director of the Congressional Budget Office.
congressional budget office cost estimate
H.R. 1034--A bill 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
CBO estimates that enacting H.R. 1034 would have no
significant effect on the federal budget. Because the bill
could reduce offsetting receipts (a credit against direct
spending), pay-as-you-go procedures would apply. We estimate,
however, that any loss of receipts would be negligible. H.R.
1034 contains no intergovernmental or private-sector mandates
as defined in the Unfunded Mandates Reform Act and would impose
no costs on state, local, or tribal governments.
H.R. 1034 would declare a portion of a canal in Richmond,
Virginia, to be a nonnavigable waterway for the purposes of
administering certain laws under the jurisdiction of the U.S.
Coast Guard (USCG). This declaration would make it unnecessary
for operators of a few small passenger vessels (for guided
tours) to obtain federal safety inspections. As a result, the
USCG would forgo a few hundred dollars of fees that it usually
charges for such services. Based on information provided by the
agency, CBO estimates that the total annual loss of receipts
would be less than $1,000.
The CBO staff contact is Deborah Reis. This estimate was
approved by Robert A. Sunshine, Deputy Assistant Director for
Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4.)
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1.)