New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.128 - Executive Order No. 128: Designation of Lower Manhattan Development Corporation to Carry Out Environmental Impact Review and to Fulfill Requirements for Receipt of Federal Assistance in Connection with the Redevelopment of Lower Manhattan Following the Terrorists Attacks of September 11, 2001

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the destruction of the World Trade Center and
					 damage to surrounding property, businesses and transportation infrastructure as
					 a result of the terrorist attacks of September 11, 2001, has created a
					 compelling public need for a coordinated revitalization effort in downtown
					 Manhattan;
WHEREAS, the goals of the redevelopment of Lower Manhattan
					 include the restoration of the area to its position as one of the nation's
					 leading commercial, residential and cultural destinations; the restoration and
					 enhancement of transportation facilities in the area; and the provision of an
					 appropriate setting for a memorial to the lives lost in the terrorist attacks
					 of September 11;
WHEREAS, planning and redevelopment of Lower Manhattan is
					 an undertaking of statewide importance demanding close collaboration among
					 local, state and federal agencies and requiring consideration of an array of
					 redevelopment alternatives;
WHEREAS, the Lower Manhattan Development Corporation
					 ("LMDC") was created at the request of the Governor of the State of New York as
					 a subsidiary of the New York State Urban Development Corporation d/b/a Empire
					 State Development Corporation ("ESDC"), a public benefit corporation and
					 political subdivision of the State of New York, to coordinate the
					 revitalization and rebuilding of Lower Manhattan south of Houston
					 Street;
WHEREAS, LMDC works in cooperation with the public and
					 private sectors to coordinate long- term planning for the World Trade Center
					 site and surrounding communities, while pursuing short-term initiatives to
					 improve the quality of life in Lower Manhattan during the revitalization
					 effort;
WHEREAS, LMDC, working closely with the Port Authority of
					 New York and New Jersey, has overseen several stages of planning, studies and
					 competitions relating to the World Trade Center site and surrounding areas,
					 including extensive public outreach and consultation with affected public and
					 private entities, for the purpose of preparing a memorial and redevelopment
					 project plan for the World Trade Center site subject to review under the
					 National Environmental Policy Act ("NEPA") and the State Environmental Qualify
					 Review Act ("SEQRA");
WHEREAS, LMDC's activities and programs are funded through
					 federal appropriations administered by the United States Department of Housing
					 and Urban Development ("HUD") as part of its Community Development Block Grant
					 ("CDBG") Program pursuant to the Defense Appropriations Act of 2002
					 (Public
					 Law 107-117) and the Supplemental Appropriations
					 Act of 2002 for Further Recovery from and Response to Terrorist Attacks on the
					 United States (Public
					 Law 107-206);
WHEREAS, the State of New York is the recipient through
					 LMDC of federal funding administered by HUD for the purpose of redevelopment of
					 the World Trade Center site and other areas in Lower Manhattan;
WHEREAS, LMDC is the appropriate instrumentality of the
					 State of New York to serve as lead agency to conduct environmental reviews
					 under SEQRA and NEPA relating to the proposed redevelopment of the World Trade
					 Center site and other areas in Lower Manhattan;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the Laws of the State of New York, do hereby designate LMDC as the
					 instrumentality of the State responsible for carrying out all required
					 environmental reviews of Lower Manhattan redevelopment plans for which the
					 State is the recipient of assistance from HUD pursuant to the CDBG
					 program.
FURTHER, I do hereby establish the position of Special
					 Assistant for Lower Manhattan Development within the Executive Department and
					 hereby designate the President of the Lower Manhattan Development Corporation
					 to serve in such position and hereby delegate to such individual all authority
					 necessary to act as a public officer of the State to carry out all
					 environmental reviews that may be required by NEPA and/or related laws or
					 regulations for Lower Manhattan redevelopment projects funded by HUD; and to
					 serve as the Certifying Officer for the State of New York under Section 104(g)
					 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. §
											5304 [g]) ("HCD Act"), in connection with the
					 receipt of assistance from HUD under Title I of the HCD Act made available
					 under
					 Public
					 Law 107-38,
					 Public
					 Law 107-73 at 115 Stat. 669,
					 Public
					 Law 107-117 at 115 Stat. 2336, and subsequent
					 federal appropriations related to the September 11, 2001, terrorist attacks on
					 New York City. Such authority hereby delegated includes the authority to
					 execute the certification required under Section 104(g) of the HCD Act; the
					 authority to specify when appropriate that the State of New York has fully
					 carried out its responsibilities for environmental review, decisionmaking and
					 action under Section 104(g)(1) of the HCD Act; the authority to consent to
					 assume the status of a responsible Federal official under the National
					 Environmental Policy Act of 1969 and other provisions of law specified in the
					 regulations of HUD in 24 CFR Part 58 ; and the authority to consent on behalf
					 of the State of New York and himself to acceptance of the jurisdiction of the
					 Federal courts for the purpose of enforcement of his or her responsibilities as
					 a responsible Federal official for these purposes. All State agencies,
					 departments, offices, divisions, public authorities, boards, bureaus,
					 commissions and any other entities over which I have executive power are hereby
					 directed to cooperate fully with both the Special Assistant for Lower Manhattan
					 Development and LMDC and to provide any assistance necessary to fulfill the
					 purposes of this Order.
Signed: George E. Pataki
Dated: June 16, 2003