N.Y. Navigation Law § 141: Harbors of refuge

§ 141. Harbors of refuge. (a) The commissioner, on behalf of the

state, is hereby authorized to enter into agreements with the federal

government and with municipalities, and municipalities are hereby

authorized to enter into agreements with the commissioner, concerning

the construction, operation and maintenance of harbors of refuge.

(b) In any such agreement with the federal government the state may

agree to pay, within amounts appropriated therefor as allocated by the

director of the budget, a portion of the cost of construction of a

harbor of refuge, except (1) that no moneys shall be expended for the

project unless the federal government has similarly appropriated and

made available funds for the project, and (2) no agreement shall be

entered into hereunder with the federal government unless a municipality

has agreed to reimburse the state in an amount determined pursuant to

subdivision (c) of this section, or unless the harbor of refuge is

constructed or improved in conjunction with a state park or state marine

facility.

(c) (i) Any agreement with a municipality pursuant to this section

shall include a provision requiring operation and maintenance of the

project by the municipality, except when the federal government shall

determine to operate and maintain the project.

(ii) In any such agreement with a municipality, the municipality shall

agree to reimburse the state, upon completion of the project, in an

amount equal to fifty per cent of the non-federal share of the cost of

the project; provided, however, subject to the prior authorization and

approval of the governor, the commissioner may, where there is a

demonstrated financial hardship on the municipality and certified as

such by the governing body of such municipality, enter into an agreement

with the municipality providing for reimbursement of the state in an

amount less than fifty per cent of the non-federal share of the cost of

the project.

(iii) Whenever two or more municipalities agree to participate in a

project, such municipalities, by agreement with the commissioner and

each other, shall agree to an equitable share of the local share of the

non-federal share of the cost of the project which each shall pay to the

state upon completion of the project.

(iv) For the purpose of reimbursing the state for the local share of

the non-federal share of the cost of a project each participating

municipality is hereby authorized to determine that its share shall be a

general charge against all taxable real property located therein, or

shall be borne as a special assessment upon the real property benefited

thereby, or partly as a general charge and partly as such a special

assessment, and each such participating municipality shall have power to

finance its share by the issuance of obligations pursuant to the local

finance law. In the event a municipality shall fail to pay to the state

the municipality's share of the cost of a project within six months of

the certification to the municipality by the state comptroller of the

amount of such share, the state comptroller shall cause to be withheld

from state assistance to which the municipality would otherwise be

entitled, a sum sufficient to reimburse the state for any amount

remaining unpaid, together with interest on any such unpaid amount at

the rate of three per cent per annum from the date of such

certification. Such moneys so withheld shall be credited against the

amount payable to the state by such municipality on account of such

project.

(d) This section shall not apply to facilities incidental to a project

which are not constructed by the federal government, whether or not such

facilities may be required by the federal government as a prerequisite

for federal participation; such facilities shall be governed by section

one hundred forty-two or section one hundred forty-three of this article

as the case may be.