S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1729
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public lands law,  in  relation  to  establishing  a
   right  of  first  refusal  in  the state for federal public land to be
   transferred; and to amend the real property law, in relation to estab-
   lishing the manner in which documents regarding federal lands shall be
   recorded
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public  lands law is amended by adding a new section
 21-a to read as follows:
   § 21-A. CONVEYANCE OF FEDERAL LANDS. 1. FOR PURPOSES OF THIS  SECTION,
 THE FOLLOWING TERMS APPLY:
   A.  "CONSERVATION  PLAN"  MEANS  A HABITAT CONSERVATION PLAN DEVELOPED
 PURSUANT TO SECTION 10 OF THE FEDERAL ENDANGERED SPECIES ACT OF 1973 (16
 U.S.C. SEC. 1539) AND ITS IMPLEMENTING REGULATIONS, AS THE  FEDERAL  ACT
 AND REGULATIONS EXIST AS OF JANUARY 1, 2018.
   B.  "CONVEYANCE"  INCLUDES  ANY  METHOD,  INCLUDING  SALE, DONATION OR
 EXCHANGE, BY WHICH ALL OR A PORTION OF THE RIGHT, TITLE, AND INTEREST OF
 THE UNITED STATES IN AND TO FEDERAL LANDS LOCATED IN THE STATE IS TRANS-
 FERRED TO ANOTHER ENTITY.
   C. "FEDERAL PUBLIC LAND" MEANS ANY  LAND  OWNED  AND  MANAGED  BY  THE
 UNITED  STATES,  INCLUDING THE SURFACE ESTATE, THE SUBSURFACE ESTATE, OR
 ANY IMPROVEMENT ON THOSE ESTATES, WHICH IS OWNED AND MANAGED BY THE FISH
 AND WILDLIFE SERVICE, THE FOREST SERVICE AND THE NATIONAL PARK SERVICE.
   D. "INFRASTRUCTURE" MEANS ANY DEVELOPMENT OR CONSTRUCTION THAT IS  NOT
 ON OR APPURTENANT TO THE FEDERAL PUBLIC LAND AT THE TIME OF TRANSFER.
   2. A. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW, IT IS THE POLICY
 OF THE STATE TO DISCOURAGE CONVEYANCES THAT TRANSFER OWNERSHIP OF FEDER-
 AL PUBLIC LANDS IN THE STATE FROM THE FEDERAL GOVERNMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06670-01-9

 S. 1729                             2
 
   B.  (I)  EXCEPT  AS  PROVIDED  IN THIS SECTION, CONVEYANCES OF FEDERAL
 PUBLIC LANDS IN THE STATE ARE VOID AB INITIO UNLESS THE COMMISSIONER  OF
 GENERAL  SERVICES  WAS  PROVIDED  WITH THE RIGHT OF FIRST REFUSAL TO THE
 CONVEYANCE OR THE RIGHT TO ARRANGE  FOR  THE  TRANSFER  OF  THE  FEDERAL
 PUBLIC LAND TO ANOTHER ENTITY.
   (II)  THE  COMMISSIONER  OF  GENERAL SERVICES MAY SEEK DECLARATORY AND
 INJUNCTIVE RELIEF FROM A COURT  OF  COMPETENT  JURISDICTION  TO  CONTEST
 CONVEYANCES  MADE  TO ANY ENTITY UNLESS THE REQUIREMENTS OF THIS SECTION
 ARE MET.
   (III) THE COMMISSIONER OF GENERAL SERVICES SHALL FORMALLY CONSIDER ITS
 RIGHT OF FIRST REFUSAL OR ARRANGE FOR THE  TRANSFER  OF  FEDERAL  PUBLIC
 LANDS TO A THIRD PARTY AT A PUBLIC HEARING.
   (IV)  (A) PRIOR TO THE CONVEYANCE OF FEDERAL PUBLIC LANDS IN STATE, IF
 THE COMMISSIONER OF GENERAL SERVICES WAS  PROVIDED  WITH  THE  RIGHT  OF
 FIRST  REFUSAL  OR  THE RIGHT TO ARRANGE FOR THE TRANSFER OF THE FEDERAL
 PUBLIC LANDS TO ANOTHER ENTITY, THE  COMMISSIONER  OF  GENERAL  SERVICES
 SHALL ISSUE A CERTIFICATE AFFIRMING COMPLIANCE WITH THIS SECTION.
   (B)  THE  COMMISSIONER  OF  GENERAL  SERVICES SHALL WAIVE ITS RIGHT OF
 FIRST REFUSAL OR THE RIGHT TO ARRANGE FOR THE TRANSFER  OF  THE  FEDERAL
 PUBLIC  LANDS TO ANOTHER ENTITY, AND ISSUE A CERTIFICATION OF COMPLIANCE
 AFFIRMING COMPLIANCE WITH THIS SECTION FOR A CONVEYANCE THAT  IS  DEEMED
 BY  THE  COMMISSIONER  OF  GENERAL  SERVICES TO BE ROUTINE. A CONVEYANCE
 DEEMED BY THE COMMISSIONER OF GENERAL SERVICES TO BE  ROUTINE  INCLUDES,
 BUT  IS NOT LIMITED TO, THE EXCHANGE OF LANDS OF EQUAL VALUE BETWEEN THE
 FEDERAL GOVERNMENT AND A PRIVATE ENTITY.  THE  COMMISSIONER  OF  GENERAL
 SERVICES  MAY  ADOPT REGULATIONS TO ESTABLISH A PROCESS AND CRITERIA FOR
 DETERMINING THE TYPES OF CONVEYANCES IT CONSIDERS TO BE ROUTINE.
   (V) THE COMMISSIONER OF GENERAL SERVICES, AND THE DEPARTMENT OF  ENVI-
 RONMENTAL  CONVERSATION  SHALL  ENTER INTO A MEMORANDUM OF UNDERSTANDING
 THAT ESTABLISHES A STATE POLICY THAT BOTH AGENCIES SHALL  UNDERTAKE  ALL
 FEASIBLE  EFFORTS  TO PROTECT AGAINST ANY FUTURE UNAUTHORIZED CONVEYANCE
 OR ANY CHANGE IN FEDERAL PUBLIC LAND  DESIGNATION,  INCLUDING,  BUT  NOT
 LIMITED  TO,  ANY  CHANGE IN USE, CLASSIFICATION, OR LEGAL STATUS OF ANY
 LANDS DESIGNATED AS FEDERAL MONUMENTS PURSUANT TO THE  FEDERAL  ANTIQUI-
 TIES ACT OF 1906.
   3.  THE  STATE  SHALL NOT BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH
 CONVEYED FEDERAL PUBLIC LAND THAT THE COMMISSIONER OF  GENERAL  SERVICES
 DID  NOT  ACCEPT,  PURCHASE, OR ARRANGE FOR THE TRANSFER OF, PURSUANT TO
 THIS SECTION. COSTS INCLUDE, BUT ARE NOT LIMITED  TO,  MANAGEMENT  COSTS
 AND INFRASTRUCTURE DEVELOPMENT COSTS.
   4.  THE  COMMISSIONER OF GENERAL SERVICES MAY ESTABLISH, THROUGH REGU-
 LATIONS OR ANOTHER APPROPRIATE  METHOD,  A  PROCESS  FOR  ENGAGING  WITH
 FEDERAL  LAND  MANAGERS AND POTENTIAL PURCHASERS OF FEDERAL PUBLIC LANDS
 EARLY IN THE CONVEYANCE PROCESS.
   5. THE COMMISSIONER OF GENERAL SERVICES SHALL ENSURE, FOR ANY CONVEYED
 FEDERAL PUBLIC LAND THE COMMISSIONER ACCEPTS, PURCHASES, OR ARRANGES FOR
 THE TRANSFER OF, THAT FUTURE MANAGEMENT OF THE CONVEYED  FEDERAL  PUBLIC
 LAND  IS DETERMINED IN A PUBLIC PROCESS THAT GIVES CONSIDERATION OF PAST
 RECOGNIZED AND LEGAL USES OF THOSE LANDS. AT A MINIMUM, THE PUBLIC PROC-
 ESS REQUIRED BY THIS SUBDIVISION SHALL INCLUDE A NOTICED AND OPEN  MEET-
 ING.
   6. THE COMMISSIONER OF GENERAL SERVICES SHALL WAIVE ITS RIGHT OF FIRST
 REFUSAL  OR  THE RIGHT TO ARRANGE FOR THE TRANSFER OF THE FEDERAL PUBLIC
 LANDS TO ANOTHER ENTITY, AND ISSUE A CERTIFICATION OF COMPLIANCE AFFIRM-
 ING COMPLIANCE WITH THIS SECTION FOR ANY OF THE FOLLOWING:

 S. 1729                             3
 
   A. THE CONVEYANCE OF FEDERAL PUBLIC LANDS PURSUANT TO  A  CONSERVATION
 PLAN.
   B. THE RENEWAL OF A LEASE IN EXISTENCE AS OF JANUARY 1, 2019.
   C.  THE  CONVEYANCE  OF FEDERAL PUBLIC LANDS TO A FEDERALLY RECOGNIZED
 NATIVE AMERICAN TRIBE OR LANDS TAKEN INTO OR OUT OF TRUST FOR  A  NATIVE
 AMERICAN TRIBE OR INDIVIDUAL NATIVE AMERICAN.
   7.  THE  PROVISIONS OF THIS SECTION ARE SEVERABLE. IF ANY PROVISION OF
 THIS SECTION OR ITS APPLICATION IS HELD INVALID,  THE  INVALIDITY  SHALL
 NOT  AFFECT  OTHER  PROVISIONS  OR APPLICATIONS THAT CAN BE GIVEN EFFECT
 WITHOUT THE INVALID PROVISION OR APPLICATION.
   8. THIS SECTION SHALL NOT APPLY TO THE SALE OF REAL PROPERTY  ACQUIRED
 BY A FEDERAL AGENCY THROUGH A FORECLOSURE PROCEEDING.
   § 2. The real property law is amended by adding a new section 291-k to
 read as follows:
   §  291-K.  RECORDING OF DOCUMENTS REGARDING FEDERAL LANDS. 1. A PERSON
 SHALL NOT KNOWINGLY PRESENT FOR RECORDING OR FILING WITH A COUNTY  CLERK
 A DEED, INSTRUMENT, OR OTHER DOCUMENT RELATED TO A CONVEYANCE SUBJECT TO
 SECTION TWENTY-ONE-A OF THE PUBLIC LANDS LAW UNLESS IT IS ACCOMPANIED BY
 A  CERTIFICATE  OF COMPLIANCE FROM THE COMMISSIONER OF GENERAL SERVICES.
 FURTHER, A DEED, INSTRUMENT, OR OTHER DOCUMENT RELATED TO  A  CONVEYANCE
 THAT IS SUBJECT TO SECTION TWENTY-ONE-A OF THE PUBLIC LANDS LAW SHALL BE
 TITLED  "FEDERAL  PUBLIC  LAND  DEED  OF  CONVEYANCE"  AND  SHALL NOT BE
 RECORDED  WITHOUT  A  CERTIFICATE  FROM  THE  COMMISSIONER  OF   GENERAL
 SERVICES.  THE  FEDERAL  AGENCY  WISHING  TO CONVEY FEDERAL PUBLIC LANDS
 SHALL ENSURE THAT THE DEED, INSTRUMENT, OR OTHER CONVEYANCE DOCUMENT  IS
 TITLED IN THE MANNER REQUIRED BY THIS SECTION.
   2. A PERSON WHO PRESENTS FOR RECORDING OR FILING WITH A COUNTY CLERK A
 DEED,  INSTRUMENT  OR  OTHER  DOCUMENT  IN  VIOLATION OF THIS SECTION IS
 LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS.
   3. CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE  DEPOS-
 ITED INTO THE GENERAL FUND.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.