NY Nav L § 141 (2021)
2021 New York Laws NAV - Navigation Article 11 - Improvement and Preservation of Waterways 141 - Harbors of Refuge.

§ 141. Harbors  of  refuge.  (a)  The  commissioner,  on behalf of the state, is hereby authorized to enter into agreements  with  the  federal government  and  with  municipalities,  and  municipalities  are  hereby authorized to enter into agreements with  the  commissioner,  concerning the construction, operation and maintenance of harbors of refuge.  (b)  In  any  such agreement with the federal government the state may agree to pay, within amounts appropriated therefor as allocated  by  the director  of  the  budget,  a  portion  of the cost of construction of a harbor of refuge, except (1) that no moneys shall be  expended  for  the project  unless  the  federal  government has similarly appropriated and made available funds for the project, and  (2)  no  agreement  shall  be entered into hereunder with the federal government unless a municipality has  agreed  to  reimburse the state in an amount determined pursuant to subdivision (c) of this section, or  unless  the  harbor  of  refuge  is constructed or improved in conjunction with a state park or state marine facility.  (c)  (i)  Any  agreement  with a municipality pursuant to this section shall include a provision requiring operation  and  maintenance  of  the project  by  the  municipality, except when the federal government shall determine to operate and maintain the project.  (ii) In any such agreement with a municipality, the municipality shall agree to reimburse the state, upon completion  of  the  project,  in  an amount  equal  to fifty per cent of the non-federal share of the cost of the project; provided, however, subject to the prior  authorization  and approval  of  the  governor,  the  commissioner  may,  where  there is a demonstrated financial hardship on the  municipality  and  certified  as such by the governing body of such municipality, enter into an agreement with  the  municipality  providing  for reimbursement of the state in an amount less than fifty per cent of the non-federal share of the cost  of the project.  (iii)  Whenever  two  or more municipalities agree to participate in a project, such municipalities, by agreement  with  the  commissioner  and each  other, shall agree to an equitable share of the local share of the non-federal share of the cost of the project which each shall pay to the state upon completion of the project.  (iv) For the purpose of reimbursing the state for the local  share  of the  non-federal  share  of  the  cost  of  a project each participating municipality is hereby authorized to determine that its share shall be a general charge against all taxable real  property  located  therein,  or shall  be borne as a special assessment upon the real property benefited thereby, or partly as a general charge and  partly  as  such  a  special assessment, and each such participating municipality shall have power to finance  its  share by the issuance of obligations pursuant to the local finance law. In the event a municipality shall fail to pay to the  state the  municipality's  share of the cost of a project within six months of the certification to the municipality by the state  comptroller  of  the amount  of  such share, the state comptroller shall cause to be withheld from state assistance to  which  the  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. Such moneys so withheld shall  be  credited  against  the amount  payable  to  the  state  by such municipality on account of such project.  (d) This section shall not apply to facilities incidental to a project which are not constructed by the federal government, whether or not such facilities may be required by the federal government as  a  prerequisite for  federal participation; such facilities shall be governed by section  one hundred forty-two or section one hundred forty-three of this article as the case may be.