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This entry was published on 2014-09-22
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SECTION 27.17
State aid; snowmobile trail development and maintenance
Parks, Recreation and Historic Preservation (PAR) CHAPTER 36-B, TITLE E, ARTICLE 27
§ 27.17 State aid; snowmobile trail development and maintenance. 1.
Every county engaging and assisting in the development and maintenance
of a system of snowmobile trails and a program with relation thereto
within its boundaries in order to encourage safety, tourism and
utilization and, in the event a county does not undertake such a
program, or system of trails, any city, town or village within such
county which undertakes the same, shall be entitled to receive, in
accordance with rules and regulations to be promulgated by the
commissioner, state aid as hereinafter provided.

2. Notwithstanding any other provision of law to the contrary, the
commissioner shall establish a plan for the development and maintenance
of snowmobile trails and facilities in the various counties or where
applicable, cities, towns or villages of the state as may be appropriate
and shall take whatever action he or she deems necessary to foster and
promote the safe utilization of such trails and facilities; for these
purposes, he or she may draw upon the moneys deposited in the snowmobile
trail development and maintenance fund for expenses, including personal
services, as approved by the comptroller and is hereby authorized to
assign three employees of his or her office to carry out such
responsibilities and to pay their salaries, benefits and expenses out of
such fund.

3. Every county or, where applicable, any city, town or village within
such county, shall be eligible for a grant for the development and
maintenance of a system of snowmobile trails and a program with relation
thereto within its boundaries. Such grants shall be made by the
commissioner and may constitute up to one hundred percent of the cost of
such program including expenditures incurred for signs and markers of
snowmobile trails. Any county or, where applicable, any city, town or
village within such county, applying for such grant shall submit to the
commissioner by September first of each year an estimate of such
expenditures for the current fiscal year, in such form and containing
such information as the commissioner may require. No city, town or
village may apply for such grant where the county within which it is
contained has submitted an application for the same fiscal year. For the
purpose of this section, "fiscal year" shall mean the period from April
first through March thirty-first. The commissioner shall review all such
applications and shall determine the amount of state aid to be allocated
to each county or, where applicable, any city, town or village within
such county in accordance with the provisions of subdivision five of
this section. Of the amount the commissioner determines each county or,
where applicable, any city, town or village within such county is
eligible to receive, seventy percent shall be made available for
distribution by November first and thirty percent for distribution upon
demonstration of completion, submitted by June first, of the program.

4. Not more than thirty percent of the snowmobile trail development
and maintenance fund, as determined by the commissioner, shall be made
available to the commissioner and the commissioner of environmental
conservation for snowmobile trail development and maintenance on state
owned lands; provided, however, that any such maintenance and
development on forest preserve lands shall be undertaken in accordance
with the master plan for the management of state lands pursuant to
section eight hundred sixteen of the executive law.

5. The amount of state aid to be allocated to each county or, where
applicable, any city, town or village within such county, shall be drawn
upon the monies remaining in the snowmobile trail development and
maintenance fund after withdrawal pursuant to subdivisions two and four
of this section and shall be determined by the commissioner as
hereinafter provided. The commissioner shall determine the percentage
proportion which the authorized expenditures of each individual county
or, where applicable, any city, town or village within such county shall
bear to the total authorized expenditures of all the counties, cities,
towns or villages for snowmobile trail development and maintenance
pursuant to this section during the fiscal year. Such percentage
proportion shall then be applied against the amount received in
additional fees imposed by section 21.07 of this chapter for
registration of snowmobiles during such fiscal year, to the extent only
and not exceeding the balance of such fund remaining after the payment
of expenses as set forth in this section. The amount thus determined
shall constitute the maximum amount of state aid to which each county
or, where applicable, any city, town or village within such county,
shall be entitled. The commissioner shall certify to the comptroller the
amount thus determined for each county or, where applicable, any city,
town or village within such county, as the amount of state aid to be
apportioned to such county or, where applicable, any city, town or
village within such county.