New York Laws
Title 23 - River Improvement
15-2321 - River Improvement District With Federal Aid.

1. In the event that any agency of the government of the United States
shall be willing to perform, direct or finance any work for the
improvement of a river, as specified in title 23 of this article, in
such manner that the greater part of the cost of such work shall be paid
by such government, the department shall have power to form a river
improvement district covering the areas to be benefited by such work by
following the procedure set forth in this section, in lieu of the
procedure specified in the preceding sections of title 23 of this
article.

2. The department may proceed of its own motion to form such district
and to authorize the proposed work as though a petition therefor had
been filed as provided in section 15-2303. It may negotiate with the
federal government, investigate the proposed district and prepare a
written report thereon, describing the proposed district and the
proposed works, and giving estimates of the cost of the various parts of
the work which may be a charge against the proposed district. Such
report shall be filed and notice of such filing and of a hearing thereon
given as provided in section 15-2303, except that the period of notice
provided for in section 15-2303 shall be halved. After the final hearing
the department shall determine whether it is in the public interest to
form the district and to proceed with the work and in general terms,
what public corporations and lands will be benefited thereby. These
matters shall be embodied in a written order, which shall, if the action
is favorable, contain orders to make surveys, assessments, enter into
agreements with agencies of the federal government, acquire lands and
rights in lands and all other matters which may be needful for the
carrying out of the proposed project. Such written order shall state
whether it is planned to issue obligations pursuant to the Local Finance
Law. Certified copies of the determination and order shall be filed and
notice of such filing given. Such determination and order may be
reviewed pursuant to section 15-0905, but application for review must be
made within ten days after such filing. If no review is had, the
department shall cause the same to be recorded. The district shall be
held to have been formed on the date of such final order, but such
formation shall not be effective until such order, as made or as
modified on review, shall have been recorded.

3. As soon as the formation of the district becomes effective, the
department shall have full power to enter into agreements with the
proper officials of the federal government or of other agencies of the
state, to acquire or to appropriate lands and rights in lands, including
sites for camps and appurtenant facilities, access roads, borrow pits,
quarries, spoil banks and all necessary and proper matters, to incur
contractual obligations, to employ the necessary personnel and generally
to do whatever is necessary to carry out the proposed project or
projects.

4. After such district is formed and the original federal project
authorized, major changes in such project, additional federal projects,
changes in district boundaries necessitated by such federal projects or
the raising of required additional funds for the work may be authorized
by following the pertinent portions of the procedure in section 15-2303
above.

5. Except for such projects as may be carried out by the federal
government, any district formed under the provisions of subdivision 2
above shall thereafter continue as a river improvement district, as
though formed under the provisions of section 15-2303.