NY Pks, Rec & Hist Pres L § 13.23 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title C - Parks, Recreation and Historic Preservation Article 13 - General Provisions 13.23 - Land and Water Conservation Fund; State Agent.

§  13.23  Land  and  water  conservation  fund; state agent. 1. Office designated as state agent. The office is hereby designated to  represent and  act  for  the  state  in  dealing with the federal secretary of the interior  and  other  appropriate   federal   officers,   agencies   and authorities  in  connection with the federal land and water conservation fund  act  of  nineteen  hundred  sixty-five  and  acts  amendatory   or supplemental thereto.   2.  Powers  of  the office as state agent. The office, as agent of the state as herein provided, is hereby authorized and empowered:  (a) On behalf of the state or any agency  thereof,  to  apply  to  any appropriate   agency   or   officer   of   the  federal  government  for participation in or the receipt of federal aid pursuant to such  federal act,  and  to  make  such  agreements with the federal government or any appropriate agency or officer thereof, not inconsistent with law, as may be necessary as a condition precedent to receiving such federal aid  for a project, provided that the office shall not make a commitment or enter into  any agreement pursuant to this paragraph until the director of the budget certifies that sufficient funds are  available  for  meeting  the state share, if any, of the cost of the project.  (b)  On  behalf  of  any  municipality  eligible  under federal law or regulation, to enter  into  and  administer  such  agreements  with  the federal  government  or any appropriate agency or officer thereof as may be necessary as a condition precedent for receiving such federal aid for a project, provided that such municipality give necessary assurances  to the  office,  in the form of a written agreement, that such municipality has available sufficient funds to meet its share  of  the  cost  of  the project,  and  that  the  project will be operated and maintained at its expense for the required public use.   3. Custody and payment of funds. (a) The department  of  taxation  and finance  is  hereby  designated  as  the  custodian of all federal funds allotted to the state pursuant to such federal act, and such funds shall be payable only on the audit and warrant of the state comptroller on the certificate of the commissioner, or the  commissioner  of  environmental conservation  for projects undertaken by the department of environmental conservation,  in  accordance  with  a  certificate   of   approval   of availability issued by the director of the budget.  (b)  An  agreement  with  a  municipality pursuant to paragraph (b) of subdivision two of this section may provide for an advance in the  first instance,  when  funds  are  appropriated  and available therefor, of an amount equal to the federal share of the cost of a local project subject to full reimbursement being made to the state by the federal government. Whenever  the  federal  government  shall   subsequently   disallow   or disapprove  any portion or all of the federal aid advanced by the state, such municipality shall reimburse the state in full for all expenditures advanced by the state which have not theretofore been reimbursed by  the federal  government.  If such municipality shall fail to repay the state within one year after notice of such disapproval  or  disallowance,  the state  comptroller  shall  cause to be withheld from state assistance to which  such  municipality  would  otherwise  be  entitled,   an   amount sufficient  to reimburse the state in full, and shall credit the same to the capital construction fund in repayment of such advance.  (c) In the event that any appropriations are made to the office or the department of environmental conservation from the  capital  construction fund  for  the payment in the first instance by the state of the federal share of  the  cost  of  a  project,  the  state  comptroller  shall  be authorized  to  receive  from  the federal government an amount of money equal  to  the  amounts  of  money  expended  by  the  state  from  such appropriations  made for such first instance payments and to deposit the  same to the credit of the capital construction fund so  that  the  state shall  be  reimbursed  for  the  full  amount  of any and all such first instance payments from such appropriations.   4. Allocation of monies. The monies allocated to the state pursuant to such  federal act, during each federal fiscal year, shall be apportioned by the commissioner of parks, recreation and historic preservation, with the approval of the director of the budget, between the  state  and  its political  subdivisions  as  the  need  may  appear,  provided  that the projects of the political subdivisions qualify  for  federal  assistance pursuant  to such federal act and any rules and regulations which may be adopted by the commissioner.