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This entry was published on 2022-11-25
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SECTION 97-WWW
Cuba lake management fund
State Finance (STF) CHAPTER 56, ARTICLE 6
* § 97-www. Cuba lake management fund. 1. There is hereby established
in the joint custody of the state comptroller and commissioner of
taxation and finance a special fund to be known as the "Cuba lake
management fund".

2. The Cuba lake management fund shall consist of all revenues
collected from the rental, sale or lease of state lands within the Cuba
Lake district, as established by chapter two hundred sixty-three of the
laws of nineteen hundred eighty-one, and paid pursuant to a lease, sale,
or other agreement or application entered into or made after the
effective date of this section.

3. The monies of the Cuba lake management fund, following
appropriation by the legislature and the issuance of a certificate of
approval by the director of the budget, shall be made available for the
following purposes:

(a) payment of fees, pursuant to a contract approved in accordance
with all applicable statutes, to a contractor or contractors for capital
improvements to the lands and appurtenant structures necessary for the
continued protection and preservation of the impoundment area known as
the Oil Creek reservoir, including without limitation the spillway and
the dam;

(b) payment of fees, pursuant to a contract approved in accordance
with all applicable statutes, to the Cuba Lake district or other entity
identified by the commissioner of general services, for the purpose of
management of the Cuba Lake district, including, without limitation, for
the services of collection of rentals or other fees related to the use
or occupation of state owned lands within such district or fees and
costs related to the sale of state or Cuba Lake district owned lands or
for other such purpose as the commissioner of general services shall
determine; and

(c) payment of fees, pursuant to a contract approved in accordance
with all applicable statutes, to a contractor or contractors, which may
include the Cuba Lake district, for the establishment and maintenance of
public access to the waters of Cuba lake for the purposes of fishing,
boating and other recreational uses.

4. No monies deposited to the Cuba lake management fund shall be made
available for the purposes set forth in subdivision three of this
section until such time as the Cuba Lake district shall assume
responsibility for the collection and payment to the state of all
outstanding rentals or fees for the use and occupancy of state owned
lands within such district for any period prior to the effective date of
this section and for the collection and payment to the state for the
deposit into such fund of all rentals or fees for the use and occupancy
of state owned lands within the said Cuba Lake district for any period
subsequent to the effective date of this section.

5. Any income earned on moneys within the Cuba lake management fund
shall be added to and made available for the purposes of such fund.

6. Any monies deposited into the Cuba lake management fund, except for
monies obtained from the sale of state or Cuba Lake district owned lands
within the Cuba Lake district, in excess of the amounts necessary to
accomplish the purposes thereof shall, at the end of each state fiscal
year, be transferred to and deposited into the general fund of the
state.

7. Moneys shall be paid out of the Cuba lake management fund on the
audit and warrant of the state comptroller on vouchers certified or
approved by the commissioner of general services.

8. If after having assumed responsibility for the collection and
payment to the state of all outstanding rentals or fees, pursuant to
subdivision four of this section, and after having exerted its best
efforts to collect rentals or fees for the use and occupancy of state
owned lands within the Cuba Lake district, such district shall determine
that one or more accounts are not collectable by it, the Cuba Lake
district shall identify each such account to the commissioner of general
services with a request that such account be referred to the attorney
general for collection or eviction.

* NB There are 5 § 97-www's