N.Y. Parks, Recreation and Historic Preservation Law § 13.23: Land and water conservation fund; state agent

§ 13.23 Land and water conservation fund; state agent. 1. Office

designated as state agent. The office is hereby designated to represent

and act for the state in dealing with the federal secretary of the

interior and other appropriate federal officers, agencies and

authorities in connection with the federal land and water conservation

fund act of nineteen hundred sixty-five and acts amendatory or

supplemental thereto.

2. Powers of the office as state agent. The office, as agent of the

state as herein provided, is hereby authorized and empowered:

(a) On behalf of the state or any agency thereof, to apply to any

appropriate agency or officer of the federal government for

participation in or the receipt of federal aid pursuant to such federal

act, and to make such agreements with the federal government or any

appropriate agency or officer thereof, not inconsistent with law, as may

be necessary as a condition precedent to receiving such federal aid for

a project, provided that the office shall not make a commitment or enter

into any agreement pursuant to this paragraph until the director of the

budget certifies that sufficient funds are available for meeting the

state share, if any, of the cost of the project.

(b) On behalf of any municipality eligible under federal law or

regulation, to enter into and administer such agreements with the

federal government or any appropriate agency or officer thereof as may

be necessary as a condition precedent for receiving such federal aid for

a project, provided that such municipality give necessary assurances to

the office, in the form of a written agreement, that such municipality

has available sufficient funds to meet its share of the cost of the

project, and that the project will be operated and maintained at its

expense for the required public use.

3. Custody and payment of funds. (a) The department of taxation and

finance is hereby designated as the custodian of all federal funds

allotted to the state pursuant to such federal act, and such funds shall

be payable only on the audit and warrant of the state comptroller on the

certificate of the commissioner, or the commissioner of environmental

conservation for projects undertaken by the department of environmental

conservation, in accordance with a certificate of approval of

availability issued by the director of the budget.

(b) An agreement with a municipality pursuant to paragraph (b) of

subdivision two of this section may provide for an advance in the first

instance, when funds are appropriated and available therefor, of an

amount equal to the federal share of the cost of a local project subject

to full reimbursement being made to the state by the federal government.

Whenever the federal government shall subsequently disallow or

disapprove any portion or all of the federal aid advanced by the state,

such municipality shall reimburse the state in full for all expenditures

advanced by the state which have not theretofore been reimbursed by the

federal government. If such municipality shall fail to repay the state

within one year after notice of such disapproval or disallowance, the

state comptroller shall cause to be withheld from state assistance to

which such municipality would otherwise be entitled, an amount

sufficient to reimburse the state in full, and shall credit the same to

the capital construction fund in repayment of such advance.

(c) In the event that any appropriations are made to the office or the

department of environmental conservation from the capital construction

fund for the payment in the first instance by the state of the federal

share of the cost of a project, the state comptroller shall be

authorized to receive from the federal government an amount of money

equal to the amounts of money expended by the state from such

appropriations made for such first instance payments and to deposit the

same to the credit of the capital construction fund so that the state

shall be reimbursed for the full amount of any and all such first

instance payments from such appropriations.

4. Allocation of monies. The monies allocated to the state pursuant to

such federal act, during each federal fiscal year, shall be apportioned

by the commissioner of parks, recreation and historic preservation, with

the approval of the director of the budget, between the state and its

political subdivisions as the need may appear, provided that the

projects of the political subdivisions qualify for federal assistance

pursuant to such federal act and any rules and regulations which may be

adopted by the commissioner.