* § 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".

Terms Used In N.Y. State Finance Law 97-WWW

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

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

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