N.Y. Environmental Conservation Law § 15-1963: Formation of district with federal aid

§ 15-1963. Formation of district with federal aid.

1. The department may proceed of its own motion to form such district

and to authorize the proposed work as though petitions therefor had been

filed as provided in sections 15-1911 and 15-1913 or 15-1931. It may

negotiate with the federal government, investigate the proposed

district, study such plans of and reports on the proposed improvement as

it may find to be available and shall prepare a written report thereon

describing the proposed district, the proposed work, the fixation of the

district boundaries, giving estimates of the cost of the various parts

of the work which may be a charge against the state or the property

owners in the district and including a determination of enhancements and

an apportionment of costs of such a project. Such report shall be filed

and notice of such filing and of a hearing thereon given as provided in

sections 15-0903, 15-1913 and 15-1931.

2. After the final hearing the department shall determine whether it

is to the public interest to form the district and to proceed with the

work and, in general terms, what lands will be benefited thereby. These

matters shall be embodied in a written order, which shall, if the action

is favorable, form the district, authorize entry into agreements with

agencies of the federal government and the doing of whatever is needful

to carry out the project, all as elsewhere specified in title 19 of this

article. Certified copies of the determination and order shall be filed

and notice of such filing given. Thereupon such determination may be

reviewed as provided by section 15-0905, except that the proceedings for

such review must be initiated not later than ten days after such

filings; otherwise such determination shall be considered final and

conclusive and in due course it shall be recorded. The district shall be

held to have been formed on the date of such final order, but such

formation shall not be effective until such order shall have been

recorded.