S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7367
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Tourism, Parks, Arts and Sports Development
 
 AN  ACT to amend the parks, recreation and historic preservation law, in
   relation to requiring the office of  parks,  recreation  and  historic
   preservation  to  acquire all mineral rights to real property acquired
   by such office

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 3.17 of the parks, recreation and
 historic preservation law, as amended by chapter  727  of  the  laws  of
 1978, is amended to read as follows:
   1.  Notwithstanding  any  other provision of law, the commissioner may
 acquire such property as may be necessary for the purposes and functions
 of the office, within the amounts appropriated or  available  therefore.
 Such  property may be acquired pursuant to the provisions of the eminent
 domain procedure law, or by purchase, lease, exchange, grant,  condemna-
 tion, gift, devise, bequest, or by any other lawful means. No real prop-
 erty  shall  be  so acquired unless the title thereto is approved by the
 attorney general.  PROVIDED, FURTHER, THAT NO  REAL  PROPERTY  SHALL  BE
 ACQUIRED,  RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS THE
 MINERAL RIGHTS ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY  THE  COMMIS-
 SIONER  IN  THE  NAME  OF THE PEOPLE OF THE STATE OF NEW YORK; PROVIDED,
 HOWEVER, THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR  ADMINISTER
 REAL  PROPERTY  TO  WHICH  THE COMMISSIONER HAS NOT ACQUIRED THE MINERAL
 RIGHTS THERETO IN ANY CASE IN WHICH THE  COMMISSIONER  FINDS  THAT  SUCH
 REAL  PROPERTY  IS  OF  GREAT  SIGNIFICANCE AND IMPORTANCE TO THE STATE.
 PRIOR TO THE ACQUISITION, RECEIPT, HOLDING  OR  ADMINISTRATION  OF  REAL
 PROPERTY  BY  THE  OFFICE TO WHICH THE COMMISSIONER HAS NOT ACQUIRED THE
 MINERAL RIGHTS THERETO,  THE  COMMISSIONER  SHALL  ISSUE  AN  ANALYTICAL
 REPORT  THAT  PROVIDES JUSTIFICATION AND THE RATIONALE FOR SUCH PROPERTY
 ACQUISITION, NOTWITHSTANDING THE LACK OF  THE  MINERAL  RIGHTS  THERETO,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03135-01-5
              

 A. 7367                             2
 
 INCLUDING  BUT  NOT  LIMITED  TO A DESCRIPTION OF THE REAL PROPERTY, THE
 SIGNIFICANCE AND IMPORTANCE OF THE LAND TO THE STATE, AND  THE  ECONOMIC
 BENEFITS  AND IMPACTS AND LOCAL IMPACTS OF ACQUIRING SUCH REAL PROPERTY.
 AT  LEAST  ONE MONTH AFTER THE ISSUANCE OF SUCH REPORT, THE OFFICE SHALL
 CONDUCT ONE OR MORE PUBLIC HEARINGS, WITH AT LEAST ONE SUCH  HEARING  IN
 THE  IMPACTED  AREA, AND SUCH ACTIONS SHALL BE PUBLISHED IN THE ENVIRON-
 MENTAL NOTICE BULLETIN  AT  LEAST  ONE  MONTH  PRIOR  TO  SUCH  HEARING.
 Notwithstanding  the  provisions  of section eleven of the state finance
 law, the commissioner may accept a conditional grant,  gift,  devise  or
 bequest  with  the approval of the director of the budget. Title to real
 property which is acquired shall be taken in the name of and  be  vested
 in the people of the state of New York.
   §  2.  This  act shall take effect immediately and shall apply to real
 property acquired or received on or after such date.