N.Y. Comp. Codes R. & Regs. tit. 9 § 439.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 439.2 - Definition of terms

Whenever used in this Subchapter, the following terms shall mean and include:

(a) Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation.

(b) Cost shall mean engineering and architectural services, plans and specifications, archaeological services, consultant and legal services, or other direct expenses incident to such project.

(c) Facility shall mean any structure, site or site improvement including paths, trails, roads, bridges, ramps and buildings.

(d) Federal assistance shall mean funds available, other than by loan, from the Federal government, either directly or through allocation by the State for construction or program purposes pursuant to any Federal law or program.

(e) Governing body shall mean:

(1) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;

(2) in the case of a city or village, the local legislative body thereof, as the term is defined in the Municipal Home Rule Law;

(3) in the case of a town, the town board;

(4) in the case of a public benefit corporation, the board of directors, members or trustees thereof;

(5) in the case of a public authority, the governing board of directors, members or trustees thereof;

(6) in the case of a not-for-profit corporation, the board of directors thereof or such other body designated in the certificate of incorporation to manage the corporation; and

(7) in the case of an Indian tribe, any governing body recognized by the United States or the State of New York.

(f) Heritage area project shall mean a project undertaken by or through a municipality or a not-for-profit corporation for planning relating to or the structural assessment, acquisition or development of sites and facilities identified in a management plan approved by the commissioner in accordance with section 35.05 of the Parks, Recreation and Historic Preservation Law.

(g) Historic preservation project shall mean a project undertaken by a municipality or a not-for-profit corporation to acquire, improve, restore or rehabilitate property listed on the State or National Register of Historic Places to protect the historic, cultural or architectural significance thereof or a project for planning relating to or the structural assessment of that property. Historic preservation project shall also mean a project undertaken by the office to improve, restore or rehabilitate State Historic properties or a project for planning relating to or structural assessment of those properties.

(h) Match (matching share) shall mean the portion of the total cost of a project which the project sponsor must provide. The match shall be no less than the amount of State assistance provided.

(i) Municipality shall mean a county, city, town, village, school district, supervisory district, or an Indian tribe or nation residing within New York State, a local or State public authority or local or State public benefit corporation, a State agency, or any combination thereof.

(j) National Register of Historic Places shall mean the list of districts, sites, buildings, structures or objects significant in American history, architecture, archaeology, engineering or culture established in the National Historic Preservation Act of 1966 as amended ( 16 USC §§ 470 et seq.).

(k) Not-for-profit corporation shall mean a corporation formed pursuant to or subject to the Not-for-Profit Corporation Law and qualified for tax-exempt status under the Federal Internal Revenue Code.

(l) Office shall mean the Office of Parks, Recreation and Historic Preservation.

(m) Park project shall mean a project undertaken by a municipality or a not-for-profit corporation for planning relating to or the structural assessment, acquisition, development or improvement of park sites or recreational facilities including construction of structures, roads and parking facilities.

(n) Project applicant shall mean a municipality or not-for-profit corporation which applies for State assistance pursuant to this Subchapter.

(o) Project sponsor shall mean a municipality or not-for-profit corporation which has been awarded State assistance and, pursuant to contract, will undertake and assume responsibility for a project authorized by this Subchapter.

(p) Public benefit corporation shall generally mean a corporation organized or created by a unit of government to construct or operate a public improvement, the profits from which inure to the benefit of the State or the people thereof, or to perform some other function on behalf of the establishing body.

(q) Secretary of the Interior's Standards shall mean the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as set out in the Federal Register, volume 48, number 190, pages 44716 through 44742 (September 29, 1983). The office previously incorporated the standards by reference in rules implementing the Environmental Quality Bond Act of 1986. (See section 435.2[n] of this Title.) The standards were filed with the Secretary of State on April 13, 1987. They are available for inspection and copying at the Counsel's Office, Office of Parks, Recreation and Historic Preservation, Agency Building No. 1, Governor Nelson A. Rockefeller Empire State Plaza, Albany, NY 12238; the 11 regional offices of the Office of Parks, Recreation and Historic Preservation; or at the Albany office of the New York State Department of State. Secretary of the Interior's Standards also shall mean the Standards for the Treatment of Historic Properties as set out in the Code of Federal Regulations, title 36, volume 1, part 68, pages 389-392 (July 1, 2008), and notice of amendments and annotations at http:// www.nps.gov/history/local-law/Arch_Standards.htm (July 24, 2009). As applied to projects undertaken under this Subchapter, the commissioner's interpretation of the Secretary of the Interior's Standards shall be controlling.

(r) State assistance payment shall mean the payment of monies by the State for projects authorized by the Environmental Protection Act.

(s) State Register of Historic Places shall mean the list of districts, sites, buildings, structures or objects significant in the architecture, archeology, engineering or culture of New York State, its communities or the nation established by section 14.07 of the Parks, Recreation and Historic Preservation Law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 439.2