Section 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.