12:6-19. New Jersey Intracoastal Waterway; conveyance of Manasquan-Bayhead canal to the United States

It is hereby declared to be the policy and purpose of the State of New Jersey to co-operate with the United States in a project for the improvement of the New Jersey Intracoastal Waterway. In order to effectuate such policy and purpose, the Commissioner of Conservation and Economic Development, acting for, on behalf, and in the name of the State of New Jersey, is hereby granted the following authority and powers:

(a) To transfer and convey to the United States, on such terms and conditions, in such manner and by such instrument as shall be agreed upon between the commissioner and the United States, all the right, title and interest of the State of New Jersey in and to the lands, easements, water rights, and structures other than bridges, which the State has heretofore owned or acquired and used for the construction, operation and maintenance of the Manasquan-Bayhead canal; provided, however , that this transfer shall not become effective until there has been appropriated to the use of the trustees of the fund for the support of free public schools such sum as shall be determined by a majority of the Planning and Development Council, with the approval of the Governor and the Commissioner of Conservation and Economic Development, to represent the fair value of the riparian lands and rights ceded by this act to the United States.

(b) To agree to furnish, free of cost to the United States, all lands, easements, rights-of-way, and spoil-disposal areas required for the improvement of the New Jersey Intracoastal Waterway, and for its maintenance henceforth.

(c) To agree to provide for the maintenance and operation of all existing highway and railroad bridges over the Cape May canal section of the New Jersey Intracoastal Waterway, and to provide for the reconstruction, maintenance and operation of all existing highway and railroad bridges over the remainder of said waterway.

(d) To transfer and donate to the United States all navigation aids now maintained by the State in the New Jersey Intracoastal Waterway.

(e) To agree to save and hold the United States and its agents free from any claim for damages which may arise from the work of improving the New Jersey Intracoastal Waterway, other than claims arising from the tortious acts of agents or employees of the United States.

(f) To do all other acts and things necessary or convenient to carry out the powers expressly granted by this act and to effectuate its purpose.

L.1950, c. 333, p. 1109, s. 1. Amended by L.1951, c. 14, p. 40, s. 1, eff. April 2, 1951.