App.A:9-35. Co-operation with state and federal authorities; federal emergency or defense assistance; agreements
387 words·~2 min read·
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(a)In carrying out the provisions of this act the Governor shall cooperate with the civil, military and naval authorities of the United States and of other States for the purpose of enforcing the defense and emergency policies of the Federal Government and shall conform to the laws, orders, rules and regulations of the civilian, military and naval authorities of the Federal Government.
(b)The Governor or his designated representative is hereby authorized to enter into such agreements with the Federal Government or an agency thereof as he shall deem necessary to obtain available emergency or defense assistance from the Federal Government or its agencies and to do all other acts or things necessary or convenient to secure such assistance. The Governor shall not commit the State to any financial obligation except to the extent of available appropriations, provided, however, that any such agreement may specify
(1)that the State will agree to hold and save the United States free from damages which may arise out of the construction, repairs, improvements or rehabilitation, and the maintenance of works and projects undertaken by the Federal Government or its agencies in connection with any such agreement, other than claims arising from the tortious acts of agents or employees of the Federal Government and
(2)that the State will provide, free of cost to the United States, all lands, easements, rights-of-way and other areas within the State of New Jersey required in connection with the project undertaken by the Federal Government or its agencies in respect of such agreement, and for the maintenance thereafter of such project. Any such provisions to hold and save the Federal Government free from damages shall not be construed to waive the sovereign immunity of the State in any situation wherein such immunity would otherwise be present. Such sums as may be required, whether in payment of the cost of necessary legal proceedings, as compensation to property owners, or in furtherance of the provisions herein authorized for such agreements, shall be charged against any special or emergency appropriation made by the Legislature in connection with the project which is the subject matter of the agreement with the Federal Government or its agencies.
L.1942, c. 251, p. 681, s. 3. Amended by L.1962, c. 21, s. 1; L.1975, c. 181, s. 1, eff. Aug. 4, 1975.