N.Y. PAR Law § 13.23 — New York Code / Act PAR / Title C / Article 13 / Section 13.23
Land and water conservation fund; state agent
Status: in_force

§ 13.23 Land and water conservation fund; state agent. 1. Office\ndesignated as state agent. The office is hereby designated to represent\nand act for the state in dealing with the federal secretary of the\ninterior and other appropriate federal officers, agencies and\nauthorities in connection with the federal land and water conservation\nfund act of nineteen hundred sixty-five and acts amendatory or\nsupplemental thereto.\n  2. Powers of the office as state agent. The office, as agent of the\nstate as herein provided, is hereby authorized and empowered:\n  (a) On behalf of the state or any agency thereof, to apply to any\nappropriate agency or officer of the federal government for\nparticipation in or the receipt of federal aid pursuant to such federal\nact, and to make such agreements with the federal government or any\nappropriate agency or officer thereof, not inconsistent with law, as may\nbe necessary as a condition precedent to receiving such federal aid for\na project, provided that the office shall not make a commitment or enter\ninto any agreement pursuant to this paragraph until the director of the\nbudget certifies that sufficient funds are available for meeting the\nstate share, if any, of the cost of the project.\n  (b) On behalf of any municipality eligible under federal law or\nregulation, to enter into and administer such agreements with the\nfederal government or any appropriate agency or officer thereof as may\nbe necessary as a condition precedent for receiving such federal aid for\na project, provided that such municipality give necessary assurances to\nthe office, in the form of a written agreement, that such municipality\nhas available sufficient funds to meet its share of the cost of the\nproject, and that the project will be operated and maintained at its\nexpense for the required public use.\n  3. Custody and payment of funds. (a) The department of taxation and\nfinance is hereby designated as the custodian of all federal funds\nallotted to the state pursuant to such federal act, and such funds shall\nbe payable only on the audit and warrant of the state comptroller on the\ncertificate of the commissioner, or the commissioner of environmental\nconservation for projects undertaken by the department of environmental\nconservation, in accordance with a certificate of approval of\navailability issued by the director of the budget.\n  (b) An agreement with a municipality pursuant to paragraph (b) of\nsubdivision two of this section may provide for an advance in the first\ninstance, when funds are appropriated and available therefor, of an\namount equal to the federal share of the cost of a local project subject\nto full reimbursement being made to the state by the federal government.\nWhenever the federal government shall subsequently disallow or\ndisapprove any portion or all of the federal aid advanced by the state,\nsuch municipality shall reimburse the state in full for all expenditures\nadvanced by the state which have not theretofore been reimbursed by the\nfederal government. If such municipality shall fail to repay the state\nwithin one year after notice of such disapproval or disallowance, the\nstate comptroller shall cause to be withheld from state assistance to\nwhich such municipality would otherwise be entitled, an amount\nsufficient to reimburse the state in full, and shall credit the same to\nthe capital construction fund in repayment of such advance.\n  (c) In the event that any appropriations are made to the office or the\ndepartment of environmental conservation from the capital construction\nfund for the payment in the first instance by the state of the federal\nshare of the cost of a project, the state comptroller shall be\nauthorized to receive from the federal government an amount of money\nequal to the amounts of money expended by the state from such\nappropriations made for such first instance payments and to deposit the\nsame to the credit of the capital construction fund so that the state\nshall be reimbursed for the full amount of any and all such first\ninstance payments from such appropriations.\n  4. Allocation of monies. The monies allocated to the state pursuant to\nsuch federal act, during each federal fiscal year, shall be apportioned\nby the commissioner of parks, recreation and historic preservation, with\nthe approval of the director of the budget, between the state and its\npolitical subdivisions as the need may appear, provided that the\nprojects of the political subdivisions qualify for federal assistance\npursuant to such federal act and any rules and regulations which may be\nadopted by the commissioner.\n