N.Y. Environmental Conservation Law § 15-2321: River improvement district with federal aid

§ 15-2321. River improvement district with federal aid.

1. In the event that any agency of the government of the United States

shall be willing to perform, direct or finance any work for the

improvement of a river, as specified in title 23 of this article, in

such manner that the greater part of the cost of such work shall be paid

by such government, the department shall have power to form a river

improvement district covering the areas to be benefited by such work by

following the procedure set forth in this section, in lieu of the

procedure specified in the preceding sections of title 23 of this

article.

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

and to authorize the proposed work as though a petition therefor had

been filed as provided in section 15-2303. It may negotiate with the

federal government, investigate the proposed district and prepare a

written report thereon, describing the proposed district and the

proposed works, and giving estimates of the cost of the various parts of

the work which may be a charge against the proposed district. Such

report shall be filed and notice of such filing and of a hearing thereon

given as provided in section 15-2303, except that the period of notice

provided for in section 15-2303 shall be halved. After the final hearing

the department shall determine whether it is in the public interest to

form the district and to proceed with the work and in general terms,

what public corporations and lands will be benefited thereby. These

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

is favorable, contain orders to make surveys, assessments, enter into

agreements with agencies of the federal government, acquire lands and

rights in lands and all other matters which may be needful for the

carrying out of the proposed project. Such written order shall state

whether it is planned to issue obligations pursuant to the Local Finance

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

notice of such filing given. Such determination and order may be

reviewed pursuant to section 15-0905, but application for review must be

made within ten days after such filing. If no review is had, the

department shall cause the same to 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, as made or as

modified on review, shall have been recorded.

3. As soon as the formation of the district becomes effective, the

department shall have full power to enter into agreements with the

proper officials of the federal government or of other agencies of the

state, to acquire or to appropriate lands and rights in lands, including

sites for camps and appurtenant facilities, access roads, borrow pits,

quarries, spoil banks and all necessary and proper matters, to incur

contractual obligations, to employ the necessary personnel and generally

to do whatever is necessary to carry out the proposed project or

projects.

4. After such district is formed and the original federal project

authorized, major changes in such project, additional federal projects,

changes in district boundaries necessitated by such federal projects or

the raising of required additional funds for the work may be authorized

by following the pertinent portions of the procedure in section 15-2303

above.

5. Except for such projects as may be carried out by the federal

government, any district formed under the provisions of subdivision 2

above shall thereafter continue as a river improvement district, as

though formed under the provisions of section 15-2303.