§ 460tt. — Cross Florida Barge Canal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460tt]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CV--CROSS FLORIDA NATIONAL CONSERVATION AREA
Sec. 460tt. Cross Florida Barge Canal
(a) Deauthorization
The barge canal project located between the Gulf of Mexico and the
Atlantic Ocean (hereinafter in this section referred to as the
``project''), as described in the Act of July 23, 1942 (56 Stat. 703),
shall be deauthorized by operation of law immediately upon the Governor
and Cabinet of the State of Florida adopting a resolution specifically
agreeing on behalf of the State of Florida (hereinafter in this section
referred to as the ``State'') to all of the terms of the agreement
prescribed in subsection (b) of this section.
(b) Transfer of project lands
Notwithstanding any other provision of law, the Secretary is,
subject to the provisions of subsections (d) and (e) of this section,
directed to transfer to the State all lands and interests in lands
acquired by the Secretary and facilities completed for the project in
subsection (a) of this section, without consideration, if the State
agrees to each of the following:
(1) The State shall agree to hold the United States harmless
from all claims arising from or through the operations of the lands
and facilities conveyed by the United States.
(2) The State shall agree to preserve and maintain a greenway
corridor which shall be open to the public for compatible recreation
and conservation activities and which shall be continuous, except
for areas referred to in subparagraphs (A) and (C) of this
paragraph, along the project route over lands acquired by the
Secretary or by the State or State Canal Authority, or lands
acquired along the project route in the future by the State or State
Canal Authority, to the maximum width possible, as determined in the
management plan to be developed by the State for former project
lands. Such greenway corridor shall not be less than 300 yards wide,
except for the following areas:
(A) Any area of the project corridor where, as of November
28, 1990, no land is owned by the State or State Canal
Authority.
(B) Any area of the project corridor where, as of November
28, 1990, the land owned by the State or State Canal Authority
is less than 300 yards wide.
(C) Any area of the project corridor where a road or bridge
crosses the project corridor.
(3) Consistent with paragraph (2) of this subsection, the State
shall create a State park or conservation/recreation area in the
lands and interests in lands acquired for the project lying between
the Atlantic Ocean and the western boundaries of sections 20 and 29,
township 15 south, range 23 east.
(4) The State shall agree, consistent with paragraphs (2), (5)
and (6) of this subsection, to preserve, enhance, interpret, and
manage the water and related land resources of the area containing
cultural, fish and wildlife, scenic, and recreational values in the
remaining lands and interests in land acquired for the project,
lying west of sections 20 and 29, township 15 south, range 23 east,
as determined by the State, for the benefit and enjoyment of present
and future generations of people and the development of outdoor
recreation.
(5) The State shall agree to pay, from the assets of the State
Canal Authority and the Cross Florida Canal Navigation District,
including revenues from the sale of former project lands declared
surplus by the State management plan, to the counties of Citrus,
Clay, Duval, Levy, Marion, and Putnam a minimum aggregate sum of
$32,000,000 in cash or, at the option of the counties, payment to be
made by conveyance of surplus former project lands selected by the
State at current appraised values.
(6) The State shall agree to provide that, after repayment of
all sums due to the counties of Citrus, Clay, Duval, Levy, Marion,
and Putnam, the State may use any remaining funds generated from the
sale of former project lands declared surplus by the State to
acquire the fee title to lands along the project route as to which
less than fee title was obtained, or to purchase privately owned
lands, or easements over such privately owned lands, lying within
the proposed project route, consistent with paragraphs (2), (3), and
(4) of this subsection, according to such priorities as are
determined in the management plan to be developed by the State for
former project lands. Any remaining funds generated from the sale of
former project lands declared surplus by the State shall be used for
the improvement and management of the greenway corridor consistent
with paragraphs (2), (3), and (4) of this subsection.
(c) Enforcement
(1) Remedies and jurisdiction
The United States is directed to vigorously enforce the
agreement referred to in subsections (a) and (b) of this section in
the courts of the United States and shall be entitled to any
remedies in equity or law, including, without limitation, injunctive
relief. The court, in issuing any final order in any suit brought
pursuant to this subsection, may, in its discretion, award costs of
litigation (including reasonable attorney and expert witness fees)
to any prevailing party. The United States district courts shall
have original and exclusive jurisdiction of any action under this
subsection.
(2) State remedies
The State shall be entitled to the same remedies listed in
paragraph (1) of this subsection in the courts of the State or of
the United States.
(d) Time of transfer
Actual transfer of lands and management responsibilities under this
section shall not occur on the constructed portions of the project lying
between the Atlantic Ocean and the Eureka Lock and Dam, inclusive, and
between the Gulf of Mexico and the Inglis Lock and Dam, inclusive, until
the last day of the 24-month period beginning on November 28, 1990.
(e) Management pending transfer
In the 24-month period following November 28, 1990, the Secretary
shall carry out any and all programmed maintenance on the portions of
the project outlined in subsection (d) of this section.
(f) Contract for continued O&M
(1) In general
During the period beginning on November 28, 1992, and ending on
September 30, 1993, the Secretary is authorized and directed to
offer to enter into a contract with the St. Johns River Water
Management District and the Southwest Florida Water Management
District of the State of Florida for the continued operation and
maintenance by the Secretary of the portions of the project
described in subsection (d) of this section. The maintenance shall
be performed at a level of service that is necessary to ensure safe
operating conditions and to prevent deterioration of the structures.
No major rehabilitations or renovations shall be performed by the
Secretary in such portions of the project during such period.
(2) Funding
Funding for the continued operation and maintenance of the barge
canal project by the Secretary under this subsection shall not
exceed $300,000. The State of Florida shall pay a non-Federal share
of $600,000 to fund the continued maintenance of the portions of the
project described in subsection (d) of this section in accordance
with paragraph (1).
(g) Survey
The exact acreage and legal description of the real property to be
transferred pursuant to this section shall be determined by a survey
which is satisfactory to the Secretary and to the State. The cost of
such survey shall be borne by the State.
(Pub. L. 99-662, title XI, Sec. 1114, Nov. 17, 1986, 100 Stat. 4232;
Pub. L. 101-640, title IV, Sec. 402, Nov. 28, 1990, 104 Stat. 4644; Pub.
L. 102-580, title I, Sec. 102(e), Oct. 31, 1992, 106 Stat. 4805.)
References in Text
Act of July 23, 1942, referred to in subsec. (a), is act July 23,
1942, ch. 520, 56 Stat. 703, as amended. See National Defense Pipe Lines
note set out preceding section 715 of Title 15, Commerce and Trade.
Amendments
1992--Subsecs. (f), (g). Pub. L. 102-580 added subsec. (f) and
redesignated former subsec. (f) as (g).
1990--Pub. L. 101-640 amended section generally. Prior to amendment,
section consisted of subsecs. (a) to (i) which established the Cross
Florida National Conservation Area, designated to it lands held for
high-level barge canal project, required that certain portions of the
barge canal project be operated and maintained for navigation,
recreation, and fish and wildlife enhancement and for economic benefit
of the region, provided for State of Florida to retain jurisdiction and
responsibility over water resources planning, development, and control
of surface and ground waters, required the Secretary to develop
comprehensive management plan, directed operation of Rodman Dam to
assure continuation of Lake Ocklawaha reservoir, required acquisition of
lands held by Florida Canal Authority for barge canal project and lands
held by State of Florida or Canal Authority which were acquired pursuant
to section 104 of the River and Harbor Act of 1960, and set forth
conditions for effectiveness of certain provisions.
