§ 51-0711 — Contracts for municipal wetlands restoration projects

New York § 51-0711

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 7: Land Preservation and Improvement Projects
• Art. 51: Inplementation of Environmental Quality Bond Act of 1972

Text

§ 51-0711. Contracts for municipal wetlands restoration projects.\n 1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities owning wetlands, and any such municipality\nmay enter into a contract with the commissioner. Any such contract may\ninclude such provisions as may be agreed upon by the parties thereto,\nand shall include, in substance, the following provisions:\n a. An estimate of the reasonable cost of the project as determined by\nthe commissioner.\n b. An agreement by the commissioner to pay to the municipality, during\nthe progress of restoration or following completion of restoration as\nmay be agreed upon by the parties, an amount equal to the actual cost of\nrestoration or the estimated reasonable cost whichever is the lesser.\n c. An agreement by the municipality\n (1) to dedicate in perpetuity the wetlands to be restored to assure\ntheir preservation.\n (2) to proceed expeditiously with, and complete, the project as\napproved by the department.\n (3) to thereafter maintain the wetlands in the condition to which they\nhave been restored.\n (4) to apply for and make reasonable efforts to secure federal\nassistance for the project.\n (5) to secure the approval of the commissioner before applying for\nfederal assistance, in order to maximize the amounts of such assistance\nreceived or to be received for all projects in New York state.\n d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment pursuant to\nparagraph b of this subdivision becomes available to the municipality,\nthe amount of the state payment shall be recalculated with the inclusion\nof such additional federal assistance and the municipality shall pay to\nthe state the amount by which the state payment actually made exceeds\nthe state payment determined by the recalculation.\n 2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state pursuant to\nparagraph b of subdivision one of this section and of the amount of\nfederal assistance received by the municipality. Such records shall be\nretained by the commissioner and shall establish the basis for\nrecalculation of the state payment.\n