The blog Dumbo NYC pointed out an article recently posted in the Albany Government Law Review Fireplace claiming that the proposed placement of the beloved Jane’s Carousel in the Empire Fulton Ferry Park might be in violation of federal law.
The article points out that the Empire Fulton Ferry Park was the beneficiary of a federal Land and Water Conservation Fund (LWCF) grant ten years ago. And that under the rules governing the grant, the park cannot convert its use without direct approval from the Department of the Interior. Regardless of the fact that the park recently switched from state control to city control. The rule is permanent.
The Law Review article states “The planned carousel for Empire Fulton Ferry Park likely constitutes a conversion-and thus requires approval from the Regional Director of the National Parks Service-because it contradicts the purposes of the grant and it is a non-outdoor recreational use in the LWCF project area. The purpose of the LWCF grant is to protect the waterfront which is “one of the few places on the New York City waterfront that gives visitors true access to the water . . .
For more information on the law article, click the links below.