Chapter 216-B: Hampton Harbor Channel and Beach Erosion Control

The governor with the advice of the council is hereby authorized and empowered to undertake in cooperation with the Corps of Engineers, United States Army, a project to improve navigation in the entrance to Hampton Harbor together with a corrective project to restore damaged beach areas resulting from coastal erosion on Hampton Beach between Great Boar's Head and Hampton River. The governor, with the advice of the council, is further authorized and empowered to act in behalf and for the town of Hampton and the town of Seabrook and other public local interests as may be required in the construction of the cooperative projects. Provided, however, that no action shall be taken under the authority hereof except upon a finding by the governor and council that federal funds will be made available for the projects herein described and upon a determination that the state expenditure with respect to such projects is economically justified.

The governor and council are hereby authorized to cooperate with and enter into agreements with the federal government, or any agency thereof, as they may deem advisable to secure federal funds for the purposes hereof and further to render such assurances to the federal government on behalf of the state as the federal government may require, including but not limited to, an assurance that the state of New Hampshire will hold and save the United States free from all claims for damages that may arise before, during or after prosecution of the work.

It is anticipated that the Corps of Engineers will undertake and supervise the construction of the cooperative projects. Such direction and supervision of the construction of the navigational and beach improvement projects as may be required of the state shall be by the commissioner of transportation.

Upon completion of the project as herein provided, the federal government will assume the maintenance of the harbor entrance channel and facilities. The operation and management of the harbor improvement project shall be under the supervision of the Pease development authority, division of ports and harbors and the supervision and maintenance of the beach replenishment project shall be by the division of parks and recreation as provided by existing statute.

Any contracts by the state shall be administered by the commissioner of transportation in accordance with RSA 228 as amended.

The agency authorized to negotiate and cooperate in engineering studies and construction with the United States through the Corps of Engineers shall be the department of transportation. The commissioner of transportation is hereby ordered, directed and empowered to take the necessary steps in relation to securing and coordinating engineering and other information attendant to implementing the projects provided herein in order to provide the governor and council with information to carry out the provisions of this chapter. The cost of required studies shall be a charge against the appropriations hereinafter provided for the purposes of this project.