N.Y. Comp. Codes R. & Regs. tit. 9 § 430.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 430.2 - Definition of terms

Whenever used in this Subchapter, the following terms shall mean and include:

(a) Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation.

(b) Cost shall mean the cost of an approved project, which shall include appraisal, surveying, engineering and architectural services, plans and specifications, consultant and legal services, construction and other direct expenses incident to such project less any Federal or State funds, other than those provided pursuant to this Title, for such project received or to be received.

(c) Federal assistance shall mean funds available, other than by loan, from the Federal government, either directly or through allocation by the State for construction or program purposes pursuant to any Federal law or program.

(d) Governing body shall mean:

(1) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;

(2) in the case of a city or village, the local legislative body thereof, as the term is defined in the Municipal Home Rule Law;

(3) in the case of a town, the town board;

(4) in the case of a school district, the board of education thereof;

(5) in the case of a supervisory district, the board of cooperative educational services thereof;

(6) in the case of a public benefit corporation, the board of directors, members or trustees thereof;

(7) in the case of a public authority, the governing board of directors, members or trustees thereof;

(8) in the case of a not-for-profit corporation, the board of directors thereof or such other body designated in the certificate of incorporation to manage the corporation; and

(9) in the case of an Indian tribe, any governing body recognized by the United States or the State of New York.

(e) Heritage area project shall mean a project undertaken by or through a municipality, public benefit corporation or a not-for-profit corporation identified in a management plan approved by the commissioner in accordance with section 35.05 of the Parks, Recreation and Historic Preservation Law. Heritage area projects shall develop, expand or enhance public access to water bodies, promote water based recreation, or enhance the natural, cultural or historic aspects of water bodies.

(f) Historic preservation project shall mean a project undertaken by a municipality or a not-for-profit corporation to acquire, improve, restore or rehabilitate property listed on the State or National Register of Historic Places, including, but not limited to, projects at zoos, botanical gardens and aquaria, to protect the historic, cultural, archeological or architectural significance thereof.

(g) Match (matching share) shall mean the portion of the total cost of a project which the project sponsor must provide. The match shall be no less than the amount of State assistance provided.

(h) Municipality shall mean a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian nation or tribe recognized by the State or the United States with a reservation wholly or partly within the boundaries of New York State, or any combination thereof.

(i) National Register of Historic Places shall mean the list of districts, sites, buildings, structures or objects significant in American history, architecture, archaeology, engineering or culture established in the National Historic Preservation Act of 1966 as amended (16 USC §§ 470 et seq.).

(j) Not-for-profit corporation shall mean a corporation formed pursuant to or subject to the Not-for-Profit Corporation Law and qualified for tax-exempt status under the Federal Internal Revenue Code.

(k) Office shall mean the Office of Parks, Recreation and Historic Preservation.

(l) Park project shall mean a project undertaken by a municipality, a State agency, public benefit corporation, public authority, or a not-for-profit corporation for the acquisition, development or improvement of parks, preserves, beaches, shorefronts, recreational sites and facilities including construction of structures, roads and parking facilities. Park projects shall develop, expand or enhance public access to water bodies, promote water based recreation, or enhance the natural, cultural, or historic aspects of water bodies.

(m) Project applicant or applicant shall mean a municipality or not-for-profit corporation, or in the case of a park project, a State agency, public benefit corporation or public authority, which applies for State assistance pursuant to this Subchapter.

(n) Project sponsor or sponsor shall mean a municipality or not-for-profit corporation, or in the case of a park project, a State agency, public benefit corporation or public authority, which has been awarded State assistance and, pursuant to contract, will undertake and assume responsibility for a project authorized by this Subchapter.

(o) Public benefit corporation shall generally mean a corporation organized or created by a unit of government to construct or operate a public improvement, the profits from which inure to the benefit of the State or the people thereof, or to perform some other function on behalf of the establishing body.

(p) Secretary of the Interior's Standards shall mean the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as set out in the Federal Register, volume 48, number 190, pages 44716 through 44742 (September 29, 1983). The office previously incorporated the Secretary of the Interior's Standards by reference in rules implementing the Environmental Quality Bond Act of 1986 (see 9 NYCRR 435.2). The Secretary of the Interior's Standards were filed with the Secretary of State on April 13, 1987. They are available for inspection and copying at the Counsel's Office, Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12233; the 11 regional offices of the Office of Parks, Recreation and Historic Preservation; or at the Albany office of the New York State Department of State. As applied to projects undertaken under this Subchapter, the commissioner's interpretation of the Secretary of the Interior's Standards shall be controlling.

(q) State assistance payment shall mean the payment of monies by the State for projects authorized by title 3 of the Clean Water/Clean Air Bond Act of 1996.

(r) State Register of Historic Places shall mean the list of districts, sites, buildings, structures or objects significant in the architecture, archeology, engineering or culture of New York State, its communities or the nation established by section 14.07 of the Parks, Recreation and Historic Preservation Law.

(s) Water bodies shall mean lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of the State of New York and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction, except private waters which do not provide public access.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 430.2

Amended New York State Register March 8, 2023/Volume XLV, Issue 10, eff. 3/8/2023