2021 New York Laws
ENV - Environmental Conservation
Article 51 - Inplementation of Environmental Quality Bond Act of 1972
Title 7 - Land Preservation and Improvement Projects
51-0711 - Contracts for Municipal Wetlands Restoration Projects.

§ 51-0711. Contracts for municipal wetlands restoration projects.
  1.  The  commissioner,  in  the  name  of  the  state,  may enter into
contracts with municipalities owning wetlands, and any such municipality
may enter into a contract with the commissioner. Any such  contract  may
include  such  provisions  as may be agreed upon by the parties thereto,
and shall include, in substance, the following provisions:
  a. An estimate of the reasonable cost of the project as determined  by
the commissioner.
  b. An agreement by the commissioner to pay to the municipality, during
the  progress  of  restoration or following completion of restoration as
may be agreed upon by the parties, an amount equal to the actual cost of
restoration or the estimated reasonable cost whichever is the lesser.
  c. An agreement by the municipality
  (1) to dedicate in perpetuity the wetlands to be  restored  to  assure
their preservation.
  (2)  to  proceed  expeditiously  with,  and  complete,  the project as
approved by the department.
  (3) to thereafter maintain the wetlands in the condition to which they
have been restored.
  (4) to apply  for  and  make  reasonable  efforts  to  secure  federal
assistance for the project.
  (5)  to  secure  the  approval of the commissioner before applying for
federal assistance, in order to maximize the amounts of such  assistance
received or to be received for all projects in New York state.
  d.  A  provision  that, in the event that federal assistance which was
not included in  the  calculation  of  the  state  payment  pursuant  to
paragraph  b  of this subdivision becomes available to the municipality,
the amount of the state payment shall be recalculated with the inclusion
of such additional federal assistance and the municipality shall pay  to
the  state  the  amount by which the state payment actually made exceeds
the state payment determined by the recalculation.
  2. In connection with  each  contract,  the  commissioner  shall  keep
adequate  records  of the amount of the payment by the state pursuant to
paragraph b of subdivision one of this section  and  of  the  amount  of
federal  assistance  received by the municipality. Such records shall be
retained  by  the  commissioner  and  shall  establish  the  basis   for
recalculation of the state payment.