§ 54-0903. Approval and execution of projects.

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

2. All historic preservation projects, municipal park projects and
heritage area projects shall be undertaken in the state of New York.
Except for state projects undertaken by the office at state historic
properties, the total amount of the state assistance payments toward the
cost of any such project shall in no event exceed fifty percent of the
cost, provided however, that in the case of a project located in an area
which, according to the most recent census data available, has a poverty
rate of at least ten percent for the year to which the data relates,
state assistance payments toward the cost of any such project shall in
no event exceed seventy-five 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. The state
assistance payments toward 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. a. 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.

b. 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 an 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.

4. a. 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 office shall
assess existing parks and recreational opportunities in the
municipalities where the municipal 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.

b. The commissioner and a not-for-profit corporation may enter into a
contract for the undertaking by the not-for-profit corporation of a
municipal park project. 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 municipal 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.

5. 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 local heritage area or 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. Such projects shall be subject to an agreement by the
local heritage area or urban cultural park management entity to operate
or cause to be operated any public facility resulting from such project.

6. No monies shall be expended for park, recreation and historic
preservation projects except pursuant to an appropriation therefor.