2023 New York Laws › STF - State Finance › Article 6 - Funds of the State › 97-WWW - Cuba Lake Management Fund.

* §  97-www. Cuba lake management fund. 1. There is hereby established
in the joint custody  of  the  state  comptroller  and  commissioner  of
taxation  and  finance  a  special  fund  to  be known as the "Cuba lake
management fund".
2. The Cuba  lake  management  fund  shall  consist  of  all  revenues
collected  from the rental, sale or lease of state lands within the Cuba
Lake district, as established by chapter two hundred sixty-three of  the
laws of nineteen hundred eighty-one, and paid pursuant to a lease, sale,
or  other  agreement  or  application  entered  into  or  made after the
effective date of this section.
3.  The  monies  of  the  Cuba   lake   management   fund,   following
appropriation  by  the  legislature and the issuance of a certificate of
approval by the director of the budget, shall be made available for  the
following purposes:
(a)  payment  of  fees,  pursuant to a contract approved in accordance
with all applicable statutes, to a contractor or contractors for capital
improvements to the lands and appurtenant structures necessary  for  the
continued  protection  and preservation of the impoundment area known as
the Oil Creek reservoir, including without limitation the  spillway  and
the dam;
(b)  payment  of  fees,  pursuant to a contract approved in accordance
with all applicable statutes, to the Cuba Lake district or other  entity
identified  by  the commissioner of general services, for the purpose of
management of the Cuba Lake district, including, without limitation, for
the services of collection of rentals or other fees related to  the  use
or  occupation  of  state  owned  lands within such district or fees and
costs related to the sale of state or Cuba Lake district owned lands  or
for  other  such  purpose  as the commissioner of general services shall
determine; and
(c) payment of fees, pursuant to a  contract  approved  in  accordance
with  all applicable statutes, to a contractor or contractors, which may
include the Cuba Lake district, for the establishment and maintenance of
public access to the waters of Cuba lake for the  purposes  of  fishing,
boating and other recreational uses.
4.  No monies deposited to the Cuba lake management fund shall be made
available for the purposes  set  forth  in  subdivision  three  of  this
section  until  such  time  as  the  Cuba  Lake  district  shall  assume
responsibility for the collection  and  payment  to  the  state  of  all
outstanding  rentals  or  fees  for the use and occupancy of state owned
lands within such district for any period prior to the effective date of
this section and for the collection and payment to  the  state  for  the
deposit  into such fund of all rentals or fees for the use and occupancy
of state owned lands within the said Cuba Lake district for  any  period
subsequent to the effective date of this section.
5.  Any  income  earned on moneys within the Cuba lake management fund
shall be added to and made available for the purposes of such fund.
6. Any monies deposited into the Cuba lake management fund, except for
monies obtained from the sale of state or Cuba Lake district owned lands
within the Cuba Lake district, in excess of  the  amounts  necessary  to
accomplish  the  purposes thereof shall, at the end of each state fiscal
year, be transferred to and deposited  into  the  general  fund  of  the
state.
7.  Moneys  shall  be paid out of the Cuba lake management fund on the
audit and warrant of the state  comptroller  on  vouchers  certified  or
approved by the commissioner of general services.
8.  If  after  having  assumed  responsibility  for the collection and
payment to the state of all outstanding rentals  or  fees,  pursuant  to
subdivision  four  of  this  section,  and after having exerted its best

efforts to collect rentals or fees for the use and  occupancy  of  state
owned lands within the Cuba Lake district, such district shall determine
that  one  or  more  accounts  are  not collectable by it, the Cuba Lake
district shall identify each such account to the commissioner of general
services  with  a  request that such account be referred to the attorney
general for collection or eviction.
* NB There are 5 § 97-www's