U.S. Code > Title 33 Navigation and Navigable Waters > CHAPTER 1—NAVIGABLE WATERS GENERALLY (§§ 1—59kk) > SUBCHAPTER II—WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME (§§ 21—59kk) > § 59ii. Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia

§ 59ii. 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.
(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) of this section 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) of this section by publishing a determination that vessels operating on the waters declared nonnavigable by subsection (a) of this section 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.