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33 U.S.C. § 59ii - U.S. Code - Unannotated Title 33. Navigation and Navigable Waters § 59ii. Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - 33 U.S.C. § 59ii - U.S. Code - Unannotated Title 33. Navigation and Navigable Waters § 59ii. Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia - last updated January 01, 2024 | https://codes.findlaw.com/us/title-33-navigation-and-navigable-waters/33-usc-sect-59ii/

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