2023 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.