N.Y. State Finance Law § 97-www: Cuba lake management fund

* § 97-www. Cuba lake management fund. 1. There is hereby established

in the joint custody of the state comptroller and commissioner of

taxation and finance a special fund to be known as the "Cuba lake

management fund".

2. The Cuba lake management fund shall consist of all revenues

collected from the rental, sale or lease of state lands within the Cuba

Lake district, as established by chapter two hundred sixty-three of the

laws of nineteen hundred eighty-one, and paid pursuant to a lease, sale,

or other agreement or application entered into or made after the

effective date of this section.

3. The monies of the Cuba lake management fund, following

appropriation by the legislature and the issuance of a certificate of

approval by the director of the budget, shall be made available for the

following purposes:

(a) payment of fees, pursuant to a contract approved in accordance

with all applicable statutes, to a contractor or contractors for capital

improvements to the lands and appurtenant structures necessary for the

continued protection and preservation of the impoundment area known as

the Oil Creek reservoir, including without limitation the spillway and

the dam;

(b) payment of fees, pursuant to a contract approved in accordance

with all applicable statutes, to the Cuba Lake district or other entity

identified by the commissioner of general services, for the purpose of

management of the Cuba Lake district, including, without limitation, for

the services of collection of rentals or other fees related to the use

or occupation of state owned lands within such district or fees and

costs related to the sale of state or Cuba Lake district owned lands or

for other such purpose as the commissioner of general services shall

determine; and

(c) payment of fees, pursuant to a contract approved in accordance

with all applicable statutes, to a contractor or contractors, which may

include the Cuba Lake district, for the establishment and maintenance of

public access to the waters of Cuba lake for the purposes of fishing,

boating and other recreational uses.

4. No monies deposited to the Cuba lake management fund shall be made

available for the purposes set forth in subdivision three of this

section until such time as the Cuba Lake district shall assume

responsibility for the collection and payment to the state of all

outstanding rentals or fees for the use and occupancy of state owned

lands within such district for any period prior to the effective date of

this section and for the collection and payment to the state for the

deposit into such fund of all rentals or fees for the use and occupancy

of state owned lands within the said Cuba Lake district for any period

subsequent to the effective date of this section.

5. Any income earned on moneys within the Cuba lake management fund

shall be added to and made available for the purposes of such fund.

6. Any monies deposited into the Cuba lake management fund, except for

monies obtained from the sale of state or Cuba Lake district owned lands

within the Cuba Lake district, in excess of the amounts necessary to

accomplish the purposes thereof shall, at the end of each state fiscal

year, be transferred to and deposited into the general fund of the

state.

7. Moneys shall be paid out of the Cuba lake management fund on the

audit and warrant of the state comptroller on vouchers certified or

approved by the commissioner of general services.

8. If after having assumed responsibility for the collection and

payment to the state of all outstanding rentals or fees, pursuant to

subdivision four of this section, and after having exerted its best

efforts to collect rentals or fees for the use and occupancy of state

owned lands within the Cuba Lake district, such district shall determine

that one or more accounts are not collectable by it, the Cuba Lake

district shall identify each such account to the commissioner of general

services with a request that such account be referred to the attorney

general for collection or eviction.

* NB There are 4 § 97-www's