NY Env Conserv L § 15-2321 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 23 - River Improvement 15-2321 - River Improvement District With Federal Aid.

§ 15-2321. River improvement district with federal aid.1. In the event that any agency of the government of the United States   shall  be  willing  to  perform,  direct  or  finance  any  work for the   improvement of a river, as specified in title 23  of  this  article,  in   such manner that the greater part of the cost of such work shall be paid   by  such  government,  the  department  shall have power to form a river   improvement district covering the areas to be benefited by such work  by   following  the  procedure  set  forth  in  this  section, in lieu of the   procedure specified in the  preceding  sections  of  title  23  of  this   article.2.  The department may proceed of its own motion to form such district   and to authorize the proposed work as though  a  petition  therefor  had   been  filed  as  provided  in section 15-2303. It may negotiate with the   federal government, investigate the  proposed  district  and  prepare  a   written  report  thereon,  describing  the  proposed  district  and  the   proposed works, and giving estimates of the cost of the various parts of   the work which may be a  charge  against  the  proposed  district.  Such   report shall be filed and notice of such filing and of a hearing thereon   given  as  provided in section 15-2303, except that the period of notice   provided for in section 15-2303 shall be halved. After the final hearing   the department shall determine whether it is in the public  interest  to   form  the  district  and  to proceed with the work and in general terms,   what public corporations and lands will be  benefited  thereby.    These   matters shall be embodied in a written order, which shall, if the action   is  favorable,  contain  orders to make surveys, assessments, enter into   agreements with agencies of the federal government,  acquire  lands  and   rights  in  lands  and  all  other  matters which may be needful for the   carrying out of the proposed project. Such  written  order  shall  state   whether it is planned to issue obligations pursuant to the Local Finance   Law.  Certified copies of the determination and order shall be filed and   notice of such  filing  given.  Such  determination  and  order  may  be   reviewed pursuant to section 15-0905, but application for review must be   made  within  ten  days  after  such  filing.  If  no review is had, the   department shall cause the same to be recorded. The  district  shall  be   held  to  have  been  formed  on  the date of such final order, but such   formation shall not be  effective  until  such  order,  as  made  or  as   modified on review, shall have been recorded.3.  As  soon  as  the formation of the district becomes effective, the   department shall have full power  to  enter  into  agreements  with  the   proper  officials  of the federal government or of other agencies of the   state, to acquire or to appropriate lands and rights in lands, including   sites for camps and appurtenant facilities, access roads,  borrow  pits,   quarries,  spoil  banks  and  all necessary and proper matters, to incur   contractual obligations, to employ the necessary personnel and generally   to do whatever is  necessary  to  carry  out  the  proposed  project  or   projects.4.  After  such  district  is  formed and the original federal project   authorized, major changes in such project, additional federal  projects,   changes  in district boundaries necessitated by such federal projects or   the raising of required additional funds for the work may be  authorized   by  following the pertinent portions of the procedure in section 15-2303   above.5. Except for such projects as may  be  carried  out  by  the  federal   government,  any  district  formed under the provisions of subdivision 2   above shall thereafter continue as  a  river  improvement  district,  as   though formed under the provisions of section 15-2303.