New York Laws
Article 13 - General Provisions
13.23 - Land and Water Conservation Fund; State Agent.

(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.