N.Y. Parks Rec. & Hist. Preserv. Law § 17.05

Current through 2024 NY Law Chapter 457

Section 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.

N.Y. Parks Rec. and Hist. Preserv. Law § 17.05