§ 143-215.41. Items of cooperation to which localities and the State may bind themselves. - North Carolina Statutes

§ 143‑215.41. Items of cooperation to which localities and the State may bind themselves.

Such resolutions and ordinances may irrevocably bind such county,municipality, other local unit, or the State of North Carolina, acting throughthe Commission, to the following when included as requirements of localcooperation for a federal water resources development project:

(1)        To provide, without cost to the United States, all lands,easements, and rights‑of‑way required for construction andsubsequent maintenance of the project and for aids to navigation, if required,upon the request of the Chief of Engineers, or other official to be required inthe general public interest for initial and subsequent disposal of spoil, andalso necessary retaining dikes, bulkheads, and embankments therefor, or thecosts of such retaining works;

(2)        To hold and save the United States free from damages due tothe construction works and subsequent maintenance of the project;

(3)        To provide firm assurances that riverside terminal andtransfer facilities will be constructed at the upper limit of the modifiedproject to permit transfer of commodities from or to plants and barges;

(4)        To provide and maintain, without cost to the United States,depths in berthing areas and local access channels serving the terminalscommensurate with depths provided in related project areas;

(5)        To accomplish, without cost to the United States, suchalterations, if any, as required in sewer, water supply, drainage, electricalpower lines, and other utility facilities, as well as their maintenance;

(6)        To provide, without cost to the United States, all lands,easements, rights‑of‑way, utility relocations and alterations, and,with the concurrence and under the direction of the Board of Transportation,highway or highway bridge construction and alterations necessary for projectconstruction;

(7)        To adjust all claims concerning water rights;

(8)        To maintain and operate the project after completion,without cost to the United States, in accordance with regulations prescribed bythe Secretary of the Army or other responsible federal official, board, oragency;

(9)        To provide a cash contribution for project costs assigned toproject features other than flood control;

(10)      To prevent future encroachment which might interfere withproper functioning of the project for flood control;

(11)      To provide or satisfy any other items or conditions of localcooperation as stipulated in the congressional or other federal documentcovering the particular project involved.

This section shall not be interpreted as limiting but as descriptive ofthe items of local cooperation, the accomplishment of which counties,municipalities and the State are herein authorized to irrevocably bindthemselves; it being intended to authorize counties, municipalities and theCommission in behalf of the State to comply fully and completely with all ofthe items of local cooperation as contemplated by Congress and as stipulated inthe congressional acts or documents concerned, or project reports by the ArmyChief of Engineers, the Administrator of the Soil Conservation Service, theBoard of Directors of the Tennessee Valley Authority, or  other responsiblefederal official, board or agency. (1969, cc. 724, 968; 1973, c. 507, s. 5; c. 1262, s. 23; c. 1446, s.14; 1987, c. 827, s. 154.)