Amd §§1 & 3, Chap 264 of 1981; amd §97-www, St Fin L
Relates to the sale of certain lands in the towns of Cuba, Allegany county and Ischua, Cattaraugus county, and the disbursement of monies from the Cuba lake management fund.
STATE OF NEW YORK
________________________________________________________________________
5338
2021-2022 Regular Sessions
IN ASSEMBLY
February 12, 2021
___________
Introduced by M. of A. J. M. GIGLIO -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend chapter 264 of the laws of 1981, relating to authorizing
the sale of certain lands in the towns of Cuba, Allegany county and
Ischua, Cattaraugus county, and the state finance law, in relation to
the sale of certain lands in the towns of Cuba, Allegany county and
Ischua, Cattaraugus county, and the disbursement of monies from the
Cuba lake management fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 1 and 3 of chapter 264 of the laws of 1981, relat-
2 ing to authorizing the sale of certain lands in the towns of Cuba, Alle-
3 gany county and Ischua, Cattaraugus county, as amended by chapter 644 of
4 the laws of 1983, are amended to read as follows:
5 § 1. The commissioner of general services in the executive department
6 is hereby authorized to sell and convey or lease to the towns of Cuba,
7 Allegany county and Ischua, Cattaraugus county or Allegany and Cattarau-
8 gus counties, or a special district wherein situated or to the lessees
9 in such special district, in such parcels as the commissioner may deter-
10 mine, the lands generally described in section two of this act.
11 § 3. The commissioner of general services may fix and determine the
12 terms and conditions of sale or lease including the consideration to be
13 paid by the town, county, or special district or lessees which shall not
14 be less than the fair [market] and reasonable value thereof.
15 § 2. Subdivisions 2, 3 and 6 of section 97-www of the state finance
16 law, as added by chapter 342 of the laws of 2000, are amended to read as
17 follows:
18 2. The Cuba lake management fund shall consist of all revenues
19 collected from the rental, sale or lease of state lands within the Cuba
20 Lake district, as established by chapter two hundred sixty-three of the
21 laws of nineteen hundred eighty-one, and paid pursuant to a lease, sale,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04745-01-1
A. 5338 2
1 or other agreement or application entered into or made after the effec-
2 tive date of this section.
3 3. The monies of the Cuba lake management fund, following appropri-
4 ation by the legislature and the issuance of a certificate of approval
5 by the director of the budget, shall be made available for the following
6 purposes:
7 (a) payment of fees, pursuant to a contract approved in accordance
8 with all applicable statutes, to a contractor or contractors for capital
9 improvements to the lands and appurtenant structures necessary for the
10 continued protection and preservation of the impoundment area known as
11 the Oil Creek reservoir, including without limitation the spillway and
12 the dam;
13 (b) payment of fees, pursuant to a contract approved in accordance
14 with all applicable statutes, to the Cuba Lake district or other entity
15 identified by the commissioner of general services, for the purpose of
16 management of the Cuba Lake district, including, without limitation, for
17 the services of collection of rentals or other fees related to the use
18 or occupation of state owned lands within such district or fees and
19 costs related to the sale of state or Cuba Lake district owned lands or
20 for other such purpose as the commissioner of general services shall
21 determine; and
22 (c) payment of fees, pursuant to a contract approved in accordance
23 with all applicable statutes, to a contractor or contractors, which may
24 include the Cuba Lake district, for the establishment and maintenance of
25 public access to the waters of Cuba lake for the purposes of fishing,
26 boating and other recreational uses.
27 6. Any monies deposited into the Cuba lake management fund, except for
28 monies obtained from the sale of state or Cuba Lake district owned lands
29 within the Cuba Lake district, in excess of the amounts necessary to
30 accomplish the purposes thereof shall, at the end of each state fiscal
31 year, be transferred to and deposited into the general fund of the
32 state.
33 § 3. This act shall take effect immediately.
