N.Y. Parks, Recreation and Historic Preservation Law § 27.17: State aid; snowmobile trail development and maintenance

§ 27.17 State aid; snowmobile trail development and maintenance. 1.

Every county engaging and assisting in the development and maintenance

of a system of snowmobile trails and a program with relation thereto

within its boundaries in order to encourage safety, tourism and

utilization and, in the event a county does not undertake such a

program, or system of trails, any city, town or village within such

county which undertakes the same, shall be entitled to receive, in

accordance with rules and regulations to be promulgated by the

commissioner, state aid as hereinafter provided.

2. Notwithstanding any other provision of law to the contrary, the

commissioner shall establish a plan for the development and maintenance

of snowmobile trails and facilities in the various counties or where

applicable, cities, towns or villages of the state as may be appropriate

and shall take whatever action he or she deems necessary to foster and

promote the safe utilization of such trails and facilities; for these

purposes, he or she may draw upon the moneys deposited in the snowmobile

trail development and maintenance fund for expenses, including personal

services, as approved by the comptroller and is hereby authorized to

assign three employees of his or her office to carry out such

responsibilities and to pay their salaries, benefits and expenses out of

such fund.

3. Every county or, where applicable, any city, town or village within

such county, shall be eligible for a grant for the development and

maintenance of a system of snowmobile trails and a program with relation

thereto within its boundaries. Such grants shall be made by the

commissioner and may constitute up to one hundred percent of the cost of

such program including expenditures incurred for signs and markers of

snowmobile trails. Any county or, where applicable, any city, town or

village within such county, applying for such grant shall submit to the

commissioner by September first of each year an estimate of such

expenditures for the current fiscal year, in such form and containing

such information as the commissioner may require. No city, town or

village may apply for such grant where the county within which it is

contained has submitted an application for the same fiscal year. For the

purpose of this section, "fiscal year" shall mean the period from April

first through March thirty-first. The commissioner shall review all such

applications and shall determine the amount of state aid to be allocated

to each county or, where applicable, any city, town or village within

such county in accordance with the provisions of subdivision five of

this section. Of the amount the commissioner determines each county or,

where applicable, any city, town or village within such county is

eligible to receive, seventy percent shall be made available for

distribution by November first and thirty percent for distribution upon

demonstration of completion, submitted by June first, of the program.

4. Not more than thirty percent of the snowmobile trail development

and maintenance fund, as determined by the commissioner, shall be made

available to the commissioner and the commissioner of environmental

conservation for snowmobile trail development and maintenance on state

owned lands; provided, however, that any such maintenance and

development on forest preserve lands shall be undertaken in accordance

with the master plan for the management of state lands pursuant to

section eight hundred sixteen of the executive law.

5. The amount of state aid to be allocated to each county or, where

applicable, any city, town or village within such county, shall be drawn

upon the monies remaining in the snowmobile trail development and

maintenance fund after withdrawal pursuant to subdivisions two and four

of this section and shall be determined by the commissioner as

hereinafter provided. The commissioner shall determine the percentage

proportion which the authorized expenditures of each individual county

or, where applicable, any city, town or village within such county shall

bear to the total authorized expenditures of all the counties, cities,

towns or villages for snowmobile trail development and maintenance

pursuant to this section during the fiscal year. Such percentage

proportion shall then be applied against the amount received in

additional fees imposed by section 21.07 of this chapter for

registration of snowmobiles during such fiscal year, to the extent only

and not exceeding the balance of such fund remaining after the payment

of expenses as set forth in this section. The amount thus determined

shall constitute the maximum amount of state aid to which each county

or, where applicable, any city, town or village within such county,

shall be entitled. The commissioner shall certify to the comptroller the

amount thus determined for each county or, where applicable, any city,

town or village within such county, as the amount of state aid to be

apportioned to such county or, where applicable, any city, town or

village within such county.