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This entry was published on 2014-09-22
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SECTION 52-0901
Approval and execution of projects
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 52, TITLE 9
§ 52-0901. Approval and execution of projects.

1. State historic preservation projects. State historic preservation
projects may be undertaken pursuant to the provisions of this article
only with the approval of the commissioner.

2. Municipal historic preservation projects. The commissioner and a
municipality may enter into a contract for the undertaking by the
municipality of a municipal historic preservation project. Municipal
historic preservation projects shall be recommended to the commissioner
by the governing body of the municipality and when approved by the
commissioner, may be undertaken by the municipality pursuant to this
title and any other applicable provision of law. The state share of the
cost of a municipal preservation project in no event shall exceed fifty
percent of the cost, less any federal assistance received or to be
received for the project. To assure the availability of funds for as
wide a range of projects as possible, the commissioner may, in his
discretion, limit the dollar amount that may be made available for any
project. For the purpose of determining the amount of the state share,
the cost of the project shall not be more than the amount set forth in
the application for a state share made by a municipality and approved by
the commissioner. The state share of the cost of a project shall be paid
on audit and warrant of the state comptroller on a certificate of
availability of the director of the budget.

3. Not-for-profit historic preservation projects. The commissioner and
a not-for-profit corporation may enter into a contract for the
undertaking by the not-for-profit corporation of a not-for-profit
historic preservation project. A not-for-profit historic preservation
project shall be recommended to the commissioner by the governing body
of a not-for-profit corporation which demonstrates to the satisfaction
of the commissioner that it is capable of operating and maintaining such
property for the benefit of the public. Upon approval by the
commissioner, such project may be undertaken pursuant to the provisions
of this title and any other applicable provision of law. The state share
of the cost of a not-for-profit historic preservation project shall in
no event exceed fifty percent of the cost, less any state assistance
from any source other than pursuant to this title and less any federal
assistance, received or to be received for such project. To assure the
availability of funds for as wide a range of projects as possible, the
commissioner may, in his discretion, limit the dollar amount that may be
made available for any project. For the purpose of determining the
amount of the state share, the cost of the project shall not be more
than the amount set forth in the application for a state share made by a
not-for-profit corporation and approved by the commissioner. The state
share of the costs of a project shall be paid on audit and warrant of
the state comptroller on certificate of availability of the director of
the budget.

4. Municipal park projects. The commissioner and a municipality may
enter into a contract for the undertaking by the municipality of a
municipal park project. Municipal park projects shall be recommended to
the commissioner by the governing body of the municipality, and when
approved by the commissioner, may be undertaken by the municipality
pursuant to this title and any other applicable provisions of law. The
state share of the cost of a municipal park project in no event shall
exceed fifty percent of the approved project cost, less any federal
assistance received or to be received for the project. To assure the
availability of funds for as wide a range of projects as possible, the
commissioner may, in his discretion, limit the dollar amount that may be
made available for any project. For the purpose of determining the
amount of the state share, the cost of the project shall not be more
than the amount set forth in the application for a state share made by a
municipality and approved by the commissioner. The state share of the
cost of a project shall be paid on audit and warrant of the state
comptroller on certificate of availability of the director of the
budget.

5. Urban cultural park projects. a. State urban cultural park system
projects including state environmental, cultural or recreational
facilities and sites within state designated urban cultural parks and
interpretive/visitor center facilities in each such park as such
projects are identified in a management plan prepared pursuant to
section 35.05 of the parks, recreation and historic preservation law
shall be undertaken pursuant to the provisions of this article only with
the approval of the commissioner and the director of the budget. The
state share of interpretive/visitor center facility projects shall be
one hundred percent of the cost and such projects shall be subject to an
agreement by the local urban cultural park management entity to operate
such facility.

b. Local urban cultural park resource projects. The commissioner and a
municipality, public corporation or not-for-profit corporation may enter
into a contract subject to the approval of the director of the budget
for the undertaking by the municipality, public corporation or
not-for-profit corporation of a local urban cultural park project
including parkwide and district projects identified in a management plan
prepared pursuant to section 35.05 of the parks, recreation and historic
preservation law. To assure the availability of funds for as wide a
range of projects as possible, the commissioner may, in his discretion,
limit the dollar amount that may be made available for any project. For
the purpose of determining the amount of the state share, the cost of
the project shall not be more than the amount set forth in the
application for a state share made by the municipality, public
corporation or not-for-profit corporation and approved by the
commissioner. The state share of the cost of a project shall be paid on
audit and warrant of the state comptroller on certificate of
availability of the director of the budget.