Chapter 216-C: Back Channels of Portsmouth Harbor

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 the back channels of Portsmouth Harbor for small boating. The governor, with the advice of the council is further authorized and empowered to act in behalf and for the city of Portsmouth and other public local interests as may be required in the construction of any cooperative projects thereto. 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 Pease development authority, division of ports and harbors with the approval of the governor and council or the commissioner of transportation as their appointed agent, 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.

Upon completion of the project as herein provided, the federal government will assume the maintenance of the dredged channels and the city of Portsmouth will assume the operation and management of the public landings or wharves.

Any contracts for the construction of any of the cooperative projects 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 provided for the purposes of this project.