§ 4-7-107. Definition; purpose; powers.  


Latest version.
  • (a)

    It is the purpose and intent of this act [this article] that the board of said district do and perform all things requisite, necessary, or desirable to comply with the requirements and conditions imposed upon "local interests," by the Congress of the United States of America, in its River and Harbor Act approved March 2, 1945, as said act has been and may be from time to time amended, authorizing the improvement and construction, under direction of the secretary of the army and supervision of the chief of engineers, of an inland waterway from the Caloosahatchee River, Florida, to the Anclote River, Florida, in accordance with [a] report submitted by letter of [the] secretary of war, dated June 22, 1939, Document No. 371, House of Representatives, Seventy-sixth Congress, First Session, entitled, "Intracoastal Waterway from Caloosahatchee River to Withlacoochee River, Florida," and all reports subsequent thereto relating to any change, modification or expansion of said initial report. In order that said secretary of the army and chief of engineers may accomplish the work of improvement, adopted and authorized by said act of Congress as the same may from time to time be amended, said board of said district is authorized to obtain by donation, purchase or condemnation and convey without cost to the United States, the necessary rights-of-way for said project together with suitable areas for the deposit of spoil material in connection with the work and its subsequent maintenance, all as contemplated and required by the Congress of the United States, and those acting by its authority. Nothing herein contained shall be construed to prohibit said board from expending such sums of money as in its discretion may be deemed proper for any purpose authorized, contemplated or required to carry out any work authorized by any acts of Congress.

    (b)

    The term "inland waterway" includes any body of water connected with the inland waterway as designated by the Federal River and Harbor Act of 1945, and any other body of water which the board finds makes a significant contribution or has the potential to make a significant contribution to waterway traffic or waterborne commerce in the area served.

    (c)

    The district may act as a local interest sponsor for any so-called "Section 107, River and Harbor Act of 1960," project authorized and undertaken by the United States Army Corps of Engineers, and in this regard may comply with any or all conditions imposed on local interests as part of such project.

    (d)

    The district may act as a local sponsor of any beach nourishment project in the district approved and undertaken by the United States Army Corps of Engineers and/or Florida Department of Natural Resources, provided the board of commissioners of the district shall first have found that such project, by the dredging of the beach nourishment material, or otherwise, is a benefit to public navigation in the district.

    (e)

    The district may furnish assistance and support to member counties in planning and carrying out public navigation projects of a purely local nature. Such assistance and support, if financial in nature, shall be granted only after a finding by the board that such project does contribute to public navigation in the area in which it is located.

    (f)

    The district is authorized to participate with any local, state, or federal agencies in research, study or test programs as to the impact, both physical and biological, of waterway construction, maintenance and operation, including but not limited to erosion, accretion, and marine and shoreline vegetation.

    (g)

    The district is authorized to assume sponsorship, or to act with other agencies, in environmental restoration and enhancement projects, seeking to protect, restore, and enhance water quality, aquatic habitat, and other marine oriented conservation and environmental values in the navigable waters in the district. Such activities may include studies and work to restore damage to the aquatic environment caused by construction or maintenance of navigation channels, harbors, or similar works.

(Laws of Fla., Ch. 61-1590, § 3; Laws of Fla., Ch. 79-435, § 3; Laws of Fla., Ch. 81-337, § 1)