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Part 607: State Aid To Counties In Conjunction With Small Watershed Protection and Flood Prevention Projects

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§607.1 Definitions

(a) Project shall mean the construction of flood prevention works in one specific watershed.

(b) Lands (easements and rights-of-way) shall mean the physical lands only, which have been or will be acquired in fee title or less than fee title for the purpose of the project.

(c) Easements and rights-of-way shall mean any right of user on the land, whether legal or equitable, necessary for the purpose of the project.

(d) Commissioner shall mean the Commissioner of Environmental Conservation.

(e) Authorized expenditures shall mean those expenditures determined by the commissioner to be reasonable and necessary as provided in section 299-w of the County Law.

(f) Construction season shall mean the period from spring through fall in any one calendar year when climatic conditions are not so severe as to prohibit construction.

(g) Fiscal period shall mean from April 1st of one year to March 31st of the following year.

§607.2 Authorized Expenditures

(a) The County Law declares it to be a proper State purpose for the State to provide financial reimbursement to the counties for a part of certain local costs which must be met in the establishment of watershed projects.

(b) Payment shall be limited to costs for the acquisition of land, easements, or rights-of-way and the reasonable legal, appraisal and survey fees associated with such acquisition necessary for the flood prevention works.

(c) Such reimbursement shall not exceed one-half of the local expenditure for the land, easements and rights-of-way and associated legal, appraisal and survey fees which are necessary and required for the construction of flood prevention works, not including land treatment measures, for which Federal aid for construction costs is granted pursuant to the Watershed Protection and Flood Prevention Act (see section 607.7 of this Part) (16 USC 1001-1009).

(d) No reimbursement will be made for engineering or similar fees, contractors' services, equipment rentals, real estate brokerage fees, payments to district directors, commissioners or other county officials, or for land purchased for fill necessary for construction of the protective works. Reimbursement for county land acquired through tax default or otherwise shall not be allowed.

(e) Final decisions relating to allowable charges shall rest with the Commissioner of Environmental Conservation.

§607.3 Limitations for Reimbursement

Reimbursement for land, easements and rights-of-way shall not exceed one half of the actual cost.

§607.4 Prior Approval to be Obtained

On or before June 1st of any calendar year, the county board of supervisors shall file with the Commissioner of Environmental Conservation for his approval an application for reimbursement of land, easements and rights-of-way acquired or to be acquired for flood prevention facility construction during that year's construction season. The request shall be made in quadruplicate on forms provided by the Division of Water Resources in the Department of Environmental Conservation. The application shall specify the amount expended or to be expended for land, easements and rights-of-way. When certified by the commissioner, one copy of the application shall be returned to the county board of supervisors. The reimbursable amount estimated for each specific project shall be requested by the commissioner in the budget for the following fiscal period.

§607.5 Procedure for Obtaining Reimbursement

On or after April 1st of the year after the application has been approved, the county treasurer shall file with the commissioner a voucher, provided by the Division of Water Resources in the Department of Environmental Conservation, listing each parcel of land, easement or right-of-way acquired and the costs thereof. Attached to the voucher shall be certified copies of the county's vouchers for each of said parcels, easements or rights-of-way, and a map indicating parcels of land, easements or rights-of-way acquired and flowage line of any permanent pool and flood pool. Indicated on each county voucher shall be the name and signature of the grantor and the number of the check used for payment. The county treasurer shall attest to the accuracy of the account. When the claim has been approved, payment will be made to the county treasurer.

§607.6 Joint Projects

In the case of a joint project where two or more adjoining counties have established a project in a watershed common to the counties, each county of the State participating therein shall be entitled to claim for and receive State aid in accordance with the pro rata share of the liabilities or expenditures incurred or undertaken by said county.

§607.7 References

The following Federal statutes have been referenced in this Part:

(a) Watershed Protection and Flood Prevention Act means 16 USC 1001-1005, effective August 4, 1954.

(b) All United States publications referenced above are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(c) All material referenced in this Part is available for copying and inspection at the New York State Department of Environmental Conservation, Division of Water, 625 Broadway, Albany, NY 12233.