
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
