§ 56-0309. Park, historic preservation and heritage area projects.

1. For purposes of this section "commissioner" means the commissioner
of the office of parks, recreation and historic preservation.

2. Park projects and historic preservation projects may be undertaken
by the office pursuant to the provisions of this article and other
applicable provisions of law pursuant to the approval of the
commissioner.

3. All historic preservation projects, park projects and heritage
area projects shall be undertaken in the state of New York. Except for
projects undertaken by the state, the total amount of the state
assistance payments toward the cost of any such project shall not exceed
fifty percent of the cost. For the purpose of determining the amount of
the state assistance payments, the cost of the project shall not be more
than the amount set forth in the application for state assistance
payments approved by the commissioner. Park and heritage area projects
shall develop, expand, or enhance public access to water bodies, promote
water based recreation, or enhance the natural, cultural, or historic
aspects of water bodies.

4. The commissioner and a municipality may enter into a contract for
the undertaking by the municipality of an historic preservation project.
Such 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.

5. The commissioner and a not-for-profit corporation may enter into a
contract for the undertaking by the not-for-profit corporation of an
historic preservation project. Such a 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.

6. The commissioner and a municipality may enter into a contract for
the undertaking by the municipality of a park project. Such 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 office shall also assess existing
parks and recreational opportunities in the municipalities where the
park project is located and shall give preference to projects which are
in or primarily serve areas where demographic and other relevant data
for such areas demonstrate that the areas are densely populated and have
sustained physical deterioration, decay, neglect or disinvestment, or
where a substantial proportion of the residential population is of low
income or is otherwise disadvantaged and is underserved with respect to
the existing recreational opportunities in the area.

7. The commissioner and a not-for-profit corporation may enter into a
contract for the undertaking by the not-for-profit corporation of a park
project on behalf of a municipality. Such a contract shall be contingent
upon the approval of the governing body of each municipality in which
the project is located. Such a 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 project 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 office shall assess existing parks and
recreational opportunities in the municipalities where the park project
is located and shall give preference to projects which are in or
primarily serve areas where demographic and other relevant data for such
areas demonstrate that the areas are densely populated and have
sustained physical deterioration, decay, neglect or disinvestment, or
where a substantial proportion of the residential population is of low
income or is otherwise disadvantaged and is underserved with respect to
the existing recreational opportunities in the area.

8. The commissioner and a municipality, public benefit 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 or
through the municipality, public benefit corporation or not-for-profit
corporation of a heritage area 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. Such
projects shall be subject to an agreement by the heritage area
management entity to operate or cause to be operated any public facility
resulting from such project.

9. A municipality which acquires, develops, improves, restores or
rehabilitates property with funds made available pursuant to this title
may establish reasonable rules and regulations by local law or otherwise
to assure the proper administration and development thereof, provided
that no such rule or regulation which restricts the use of such lands or
facilities by non-residents of the municipality shall be effective
without the approval of the commissioner.

10. The commissioner shall impose such contractual requirements and
conditions upon any municipality and any not-for-profit corporation
which receive state assistance payments pursuant to this title as may be
necessary and appropriate to ensure that a public benefit shall accrue
from the use of public funds by such municipality or not-for-profit
corporation. Such conditions shall include limitations on the right of
the municipality or not-for-profit corporation to demolish or convey
such property, provisions for public access or use where appropriate,
the granting of facade easements to the state, a requirement that all
plans for restoration, rehabilitation, improvement, demolition or other
physical change must be subject to the commissioner's approval, and such
other conditions which shall assure the preservation and protection of
the project.

11. Any not-for-profit corporation which receives state assistance
payments pursuant to this section for the acquisition of land for
outdoor recreation or conservation purposes shall execute a contract
with the commissioner which shall include the following:

(a) An agreement to make and keep the lands accessible to the public
unless the not-for-profit corporation can demonstrate to the
commissioner's satisfaction that public accessibility would be
detrimental to the lands or any natural resources associated therewith;

(b) An agreement not to sell, lease, exchange or donate the lands
except to the state, a local government unit or another qualifying tax
exempt non-profit organization for recreation and conservation purposes
consistent with this title and approved by the commissioner; and

(c) An agreement to execute and convey to the state at no charge a
conservation easement, pursuant to title three of article forty-nine of
this chapter, over the lands to be acquired with state assistance
payments.

12. Real property acquired, developed, improved, restored or
rehabilitated by or through a municipality for park projects undertaken
pursuant to this section with funds made available pursuant to this
section shall not be sold, leased, exchanged, donated or otherwise
disposed of or used for other than public park purposes without the
express authority of an act of the legislature, which shall provide for
the substitution of other lands of equal environmental value and fair
market value and reasonably equivalent usefulness and location to those
to be discontinued, sold or disposed of, and such other requirements as
shall be approved by the commissioner.

13. Real property acquired by a not-for-profit organization with funds
made available pursuant to this section for park projects undertaken
pursuant to this section shall not be used in violation of an agreement
entered into pursuant to this section, or sold, leased, exchanged,
donated or otherwise disposed of without the express authority of an act
of the legislature.

14. The commissioner shall adopt, prior to the acceptance of
applications for park, historic preservation and heritage area projects,
rules and regulations which shall include eligibility requirements,
application procedures, office ranking and review processes, project
approval guidelines and criteria, and funding distribution necessary for
all state assistance payment programs established pursuant to this
title.

15. Notwithstanding any other provision of law, no state assistance
payment under this article may be applied, with respect to any project
located within the area of New York county bounded by (a) the northern
boundary of Fifty-ninth street and Fifty-ninth street extended; (b) the
United States pierhead line; (c) the northern boundary of the area known
as Battery Park City; and (d) eight hundred feet inland easterly from
the United States bulkhead line:

(i) for, other than for recreational use or access inland of the
existing bulkhead line, any roads, bridges, ramps or parking facilities
or sewers or water mains;

(ii) for any site improvement, including sewers, or water mains, to
support residential, industrial or commercial development;

(iii) to excavate, place fill or plantings in, or place any piling,
platform or structure, including a floating structure, in the Hudson
river; or

(iv) to plan, evaluate or study any project involving such excavation
or placement as described in subparagraph (iii) of this paragraph; and
provided further that no contract, or subcontract, with a public benefit
corporation, public authority, or any other person or entity, or
municipality other than the city of New York shall be entered into for
any state assistance payments under this article with respect to any
project, or portion thereof, located in the area described in this
subdivision without the affirmative approval of the community board or
boards wherein the project, or portion thereof, will be located.

16. Notwithstanding the provisions of this section, moneys received
from the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of
1996, and available for disbursements for projects developed pursuant to
this section, shall also be available for state assistance payments to
municipalities and not-for-profit corporations for the capital cost of
projects described in subdivision nine of section 44-0119 of this
chapter and subject to the review delineated in subdivision ten of
section 44-0119 of this chapter. Such monies shall be subject to
appropriation.