N.Y. Parks, Recreation and Historic Preservation Law § 17.05: Approval and execution of projects

§ 17.05 Approval and execution of projects. 1. Marine projects. Marine

projects shall not be undertaken pursuant to this article until approved

by the commissioner. The monies appropriated for marine projects shall

be paid on the audit and warrant of the state comptroller on the

certificate of the commissioner.

2. Historic site projects. (a) State historic site projects, as

authorized pursuant to law, may be undertaken pursuant to the provisions

of this article.

(b) Historic site projects to be undertaken by a municipality shall be

recommended to the commissioner by the governing body of the

municipality and, when approved by the commissioner, may be undertaken

by a municipality pursuant to any applicable provision of law.

(c) The state share of the cost of a municipal historic site project

shall equal the lesser of (1) seventy-five per cent of the cost of the

project, less any federal assistance received or to be received for the

project or (2) fifty per cent of the cost of the project. For the

purpose of determining the amount of the state share, the cost of a

project shall not be more than the amount set forth in the application

for a state share made by the municipality and approved by the

commissioner pursuant to paragraph (b) of this subdivision, plus any

direct incidental costs approved by the state comptroller.

(d) The state share of the cost of a project shall be paid on the

audit and warrant of the state comptroller on the certificate of the

commissioner and, when monies are appropriated and available therefor,

the entire cost may be paid in the first instance by the state as an

advance subject to subsequent reimbursement of the share of the

municipality.

3. State park projects. State park projects shall be undertaken by the

office, pursuant to this chapter. The monies appropriated for such

projects shall be paid on the audit and warrant of the state comptroller

on the certificate of the commissioner of parks, recreation and historic

preservation.

4. Forest recreation projects. Forest recreation projects may be

undertaken by the department of environmental conservation, as

authorized by law. The monies appropriated for such projects shall be

paid on the audit and warrant of the state comptroller on the

certificate of the commissioner of environmental conservation.

5. Municipal park projects. (a) Municipal park projects shall not be

undertaken pursuant to this article until approved by the commissioner.

Projects shall be recommended to the commissioner by the governing body

of the municipality, and when approved by the commissioner may be under-

taken by a municipality pursuant to any applicable provision of law.

(b) The state share of the cost of a municipal park project shall

equal the lesser of (1) seventy-five per cent of the cost of the

project, less any federal assistance received or to be received for the

project and (2) fifty per cent of the cost of the project. For the

purpose of determining the amount of the state share, the cost of a

project shall not be more than the amount set forth in the application

for a state share made by the municipality and approved by the

commissioner pursuant to paragraph (a) of this subdivision, plus any

direct incidental costs approved by the state comptroller.

(c) The state share of the cost of a project shall be paid on the

audit and warrant of the state comptroller on the certificate of the

commissioner and, when monies are appropriated and available therefor,

the entire cost may be paid in the first instance by the state as an

advance subject to subsequent reimbursement of the share of the

municipality.

6. If the state shall advance a municipality's share of the cost of a

project, pursuant to this section, the comptroller shall certify the

amount of the share so advanced to such municipality. If the

municipality shall fail to repay such amount within six months of such

certification, the state comptroller shall cause to be withheld from

state assistance to which such 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. Monies so

withheld shall be credited against the amount of principal and interest

payable by such municipality for its share of the cost of the project.