NY State Senate Bill 2025-S6903

Senate Bill S6903

2025-2026 Legislative Session

Designates the Scajaquada heritage area and establishes the Scajaquada heritage area commission

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Current Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2025	referred to cultural affairs, tourism, parks and recreation

2025-S6903 (ACTIVE) - Details

See Assembly Version of this Bill:: A7615
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §35.03, add Art 41 §§41.01 - 41.19, Pks & Rec L

2025-S6903 (ACTIVE) - Summary

Designates the Scajaquada heritage area as a state designated heritage area; establishes the Scajaquada heritage area commission to undertake all necessary actions to facilitate the creation of the Scajaquada heritage area, complete a management plan to ensure the long-term preservation and maintenance of such heritage area, and provide for the implementation and sustainability of undertaking recommendations of the completed management plan.

2025-S6903 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6903

SPONSOR: RYAN S
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to designating the Scajaquada heritage area and establishing
the Scajaquada heritage area commission; and providing for the repeal of
certain provisions upon expiration thereof

 
PURPOSE:

To establish the Commission on Scajaquada Heritage Area in an effort to
provide governance, oversight, sustainability and expansion of the
targeted historic area for purposes of preservation, tourism and
enhanced economic development opportunities for the City of Buffalo and
Western New York. The Commission's primary focus will be to foster the
preservation, restoration and adaptive reuse of all existing historic
properties, landscapes and landmarks within the project areas and stimu-
late the revitalization and redevelopment of the designated area.

 
SUMMARY OF PROVISIONS:

Section 1: designates the Scajaquada heritage area.

Section 2: creates a new article 41 of the parks, recreation and histor-
ic preservation law establishing the Scajaquada heritage area commis-
sion:

Section 41.01 sets forth the legislative findings and intent.

Section 41.03 is the definitions section.

Section 41.05 sets forth the membership of the commission, specifies
that the commission consists of up to 11 voting members and 6 non-voting
ex-officio members. Outlines which entities have the authority to
appoint members of the commission.

Section 41.07 specifies that the purpose of the commission is to under-
take all necessary actions to facilitate the creation of the heritage
area, complete a management plan for the heritage area, and implement
the management plan.

Section 41.09 sets forth the requirements for the management plan.

Section 41.11 outlines the powers and duties of the commission, includ-
ing having a seal; acquiring, holding and disposing of personal proper-
ty; making by-laws; appointing officers and employees; entering into
contracts and leases; accepting gifts, grants, loans, or contributions;
designating repositories of money; establishing a fiscal year; preparing
an annual report; contracting with the state; meeting with planners for
municipalities; and creating advisory committees.

Section 41.13 specifies that the City of Buffalo, state agencies, and
public authorities may provide the commission with the services of its
agents, employees, and facilities free of charge.

Section 41.15 authorizes the City of Buffalo to transfer monies to the
commission.
Section 41.17 directs state agencies to review their actions within the
heritage area to make sure they are consistent with the management plan.

Section 41.19 specifies that development of the management plan is a
state purpose.

Section 2: effective date.

 
JUSTIFICATION:

Scajaquada Creek is a spring fed creek rising well to the east of the
proposed heritage area, in the Town of Lancasrer, but emerging into the
center of Forest Lawn Cemetery in the City of Buffalo and flowing to the
Niagara River.

The proposed site for the Scajaquada Heritage Area is rich in Indigenous
and United States History. This area, site of the Battle of Scajaquada
Creek (1814) a major strategic victory for the United Stites in the War
of 1812, has been a significant location in multiple layers of history
and the development of Buffalo and Western New York.

In the pre-colonial era, Scajaquada Creek corridor was a vital part of
the Haudenosaunee (Iroquois Confederacy) homeland. The creek and its
surrounding lands provided essential resources such as fish, water, and
fertile grounds for agriculture, many lived and farmed along the shores.
The creek served as a natural transportation route. Native Americans
used it to connect with other waterways, facilitating trade, communi-
cation, and movement between settlements.

This area contains six significant War of 1812 sites, the Market Square
National Historic District, the Lower Black Rock and Upper Black Rock
Historic Districts, and Forest Lawn Cemetery. Post War of 1812, the
Village of Black Rock and the Harbor thrived as an industrial engine and
competed for the terminus of the Erie Canal.  This area is also home to
an underground railroad site in the fight for freedom against slavery
(Freedom Park) and a launch pad for the fight for freedom for the Irish
by the Fenians (Tow Path Park).

The proposed Heritage Area contains many significant cultural and
academic institutions, such as Delaware Park, the Buffalo Zoo, the
Buffalo History Museum, the AKG Museum, SUNY Buffalo State University,
and Canisius University.

In acknowledgement of the historical, cultural, and economic signif-
icance of this area, this bill would establish the Scajaquada Heritage
Area and would preserve and enhance the historic, cultural, economic and
architectural resources of the area through tourism and enhanced econom-
ic development opportunities. With a focus on revitalizing the upstate
economy, the Scajaquada Heritage Area would serve as an important vehi-
cle and force, providing the foundational momentum to create various
economic opportunities and investments in Western New York.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
two of this act shall expire and be deemed repealed five years after it
shall have become law.

2025-S6903 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6903
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by  Sen. S. RYAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation
 
 AN ACT to amend the parks, recreation and historic preservation law,  in
   relation  to designating the Scajaquada heritage area and establishing
   the Scajaquada heritage area commission; and providing for the  repeal
   of certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 35.03 of the parks, recreation and
 historic preservation law is amended by adding a new  paragraph  (w)  to
 read as follows:
   (W) THE SCAJAQUADA HERITAGE AREA, ENCOMPASSING THE COHESIVE GEOGRAPHIC
 AREA  OF  THE CITY OF BUFFALO SURROUNDING AND ASSOCIATED WITH THE SCAJA-
 QUADA CREEK.
   § 2. The parks, recreation and historic preservation law is amended by
 adding a new article 41 to read as follows:
                                ARTICLE 41
                    SCAJAQUADA HERITAGE AREA COMMISSION
 SECTION 41.01 LEGISLATIVE FINDINGS AND INTENT.
         41.03 DEFINITIONS.
         41.05 SCAJAQUADA HERITAGE AREA COMMISSION.
         41.07 COMMISSION PURPOSE.
         41.09 MANAGEMENT PLAN.
         41.11 POWERS AND DUTIES OF THE COMMISSION.
         41.13 COOPERATION WITH THE CITY OF BUFFALO, STATE  AGENCIES  AND
                 PUBLIC CORPORATIONS.
         41.15 APPROPRIATIONS BY THE CITY OF BUFFALO.
         41.17 STATE ACTIONS.
         41.19 STATE PURPOSE.
   § 41.01 LEGISLATIVE  FINDINGS AND INTENT. THE HERITAGE AREA BOUNDED BY
 THE NIAGARA RIVER, NIAGARA STREET, FOREST AVENUE, DELAWARE AVENUE, DELE-
 VAN AVENUE, MAIN STREET, JEWETT  PARKWAY,  PARKSIDE  AVENUE,  NOTTINGHAM
 TERRACE,  AND  AMHERST  STREET IS OF UNIQUE AND HISTORIC SIGNIFICANCE TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10481-01-5
 S. 6903                             2
 
 THE STATE.  IT IS THE INTENT OF THE LEGISLATURE TO ESTABLISH THE  SCAJA-
 QUADA  HERITAGE  AREA IN THE CITY OF BUFFALO AS DEFINED IN PARAGRAPH (W)
 OF SUBDIVISION ONE OF SECTION 35.03 OF THIS TITLE, TO WORK WITH  PARTIC-
 IPATING  STATE  AND  MUNICIPAL  AGENCIES, ORGANIZATIONS AND RESIDENTS IN
 ORDER TO IMPLEMENT OR CAUSE  TO  BE  IMPLEMENTED  THE  PRESERVATION  AND
 ENHANCEMENT  OF  THE  HISTORIC,  CULTURAL,  ECONOMIC  AND  ARCHITECTURAL
 RESOURCES OF THE HERITAGE AREA. THE COMMISSION ESTABLISHED BY THIS ARTI-
 CLE IS DESIGNED TO ENSURE AND PROMOTE THE ACCESSIBILITY TO THE RESOURCES
 IN THE HERITAGE AREA TO A BROAD RANGE OF ACADEMIC AND TOURISM INTERESTS.
 IT IS THE INTENT OF THE LEGISLATURE THAT THE HERITAGE AREA  BE  MARKETED
 TO  NICHE  MARKET  TRAVELERS  AND SCHOLARS AND THAT ECONOMIC DEVELOPMENT
 WITHIN ITS BOUNDARIES IS CONSISTENT WITH THE LEGISLATIVE INTENT, AND THE
 MISSION OF THE HERITAGE AREA.
   § 41.03 DEFINITIONS. IN  ADDITION  TO  THE  DEFINITIONS  CONTAINED  IN
 SECTION  31.01  OF  THIS  TITLE, WHENEVER USED IN THIS ARTICLE, UNLESS A
 DIFFERENT MEANING IS CLEARLY APPARENT FROM THE CONTEXT, THE TERMS LISTED
 BELOW SHALL HAVE THE FOLLOWING MEANINGS:
   1. "SCAJAQUADA HERITAGE AREA" OR "HERITAGE AREA" SHALL MEAN THE  PRES-
 ERVATION  CORRIDOR  LOCATED  BETWEEN  THE NIAGARA RIVER, NIAGARA STREET,
 FOREST AVENUE, DELAWARE AVENUE,  DELEVAN  AVENUE,  MAIN  STREET,  JEWETT
 PARKWAY, PARKSIDE AVENUE, NOTTINGHAM TERRACE, AND AMHERST STREET OR SUCH
 OTHER GEOGRAPHIC CORRIDORS ESTABLISHED BY AN APPROVED MANAGEMENT PLAN.
   2.  "SCAJAQUADA  HERITAGE  AREA COMMISSION" OR "COMMISSION" SHALL MEAN
 THE SCAJAQUADA HERITAGE AREA COMMISSION CREATED PURSUANT TO  THIS  ARTI-
 CLE.
   § 41.05 SCAJAQUADA  HERITAGE  AREA  COMMISSION.  1.  THE COMMISSION IS
 HEREBY ESTABLISHED AS A NOT-FOR-PROFIT CORPORATION. THE COMMISSION SHALL
 BE GOVERNED BY THE NOT-FOR-PROFIT CORPORATION LAW EXCEPT WHERE SUCH  LAW
 CONFLICTS  WITH THIS ARTICLE, IN WHICH CASE THE PROVISIONS OF THIS ARTI-
 CLE SHALL GOVERN. THE COMMISSION SHALL CONSIST OF UP  TO  ELEVEN  VOTING
 MEMBERS  AND SIX NON-VOTING EX-OFFICIO MEMBERS. ONE MEMBER EACH SHALL BE
 APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  AND
 THE  SPEAKER  OF  THE ASSEMBLY. OTHER MEMBERS SHALL INCLUDE THE MAYOR OF
 THE CITY OF BUFFALO OR THEIR DESIGNEE, A REPRESENTATIVE  OF  THE  SENECA
 NATION,  TWO  REPRESENTATIVES  OF COMMUNITY GROUPS SPECIFIED HEREIN, TWO
 REPRESENTATIVES FROM ENVIRONMENTAL, CULTURAL, OR RECREATIONAL  ORGANIZA-
 TIONS  IN THE HERITAGE AREA SPECIFIED HEREIN, AND TWO ACADEMIC REPRESEN-
 TATIVES FROM INSTITUTIONS  SPECIFIED  HEREIN.  EACH  TERM,  TWO  OF  THE
 FOLLOWING  COMMUNITY  GROUPS  SHALL EACH APPOINT A REPRESENTATIVE: BLACK
 ROCK RIVERSIDE ALLIANCE, VISION NIAGARA, AND PARKSIDE COMMUNITY  ASSOCI-
 ATION.  EACH  TERM,  TWO  OF  THE FOLLOWING CULTURAL, ENVIRONMENTAL, AND
 RECREATIONAL ORGANIZATIONS SHALL EACH APPOINT A REPRESENTATIVE:  BUFFALO
 HISTORY  MUSEUM,  BLACK  ROCK  HISTORICAL SOCIETY, BUFFALO OLMSTED PARKS
 CONSERVANCY, FOREST LAWN CEMETERY,  DARWIN  MARTIN  HOUSE,  BUFFALO  AKG
 MUSEUM, BUFFALO NIAGARA WATERKEEPER, GO BIKE BUFFALO, RICHARDSON OLMSTED
 CAMPUS, BUFFALO ZOO, AND BURCHFIELD PENNEY ART CENTER. EACH TERM, TWO OF
 THE FOLLOWING ACADEMIC INSTITUTIONS SHALL EACH APPOINT A REPRESENTATIVE:
 BUFFALO  STATE  UNIVERSITY,  UNIVERSITY AT BUFFALO, CANISIUS UNIVERSITY,
 BUFFALO PUBLIC SCHOOL NUMBER 305, AND THE NICHOLS SCHOOL.  NO  COMMUNITY
 GROUP,   ENVIRONMENTAL,  CULTURAL,  AND  RECREATIONAL  ORGANIZATION,  OR
 ACADEMIC INSTITUTION MAY APPOINT A  REPRESENTATIVE  IN  TWO  CONSECUTIVE
 TERMS,  AND SUCH APPOINTMENTS SHALL OCCUR ON A ROTATING BASIS, AS DETER-
 MINED BY THE COMMISSION. ALL APPOINTEES SHALL BE RESIDENTS OF  THE  CITY
 OF  BUFFALO, BUT THE COMMISSION HAS THE AUTHORITY TO WAIVE THIS REQUIRE-
 MENT AT ITS DISCRETION. IN ADDITION, SIX NON-VOTING MEMBERS SHALL  SERVE
 EX-OFFICIO:   THE SECRETARY OF STATE, THE COMMISSIONERS OF THE OFFICE OF
 S. 6903                             3
 
 PARKS, RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF  ENVIRON-
 MENTAL  CONSERVATION,  THE  DEPARTMENT  OF ECONOMIC DEVELOPMENT, AND THE
 DEPARTMENT OF EDUCATION, AND THE PRESIDENT  OF  THE  CITY  OF  BUFFALO'S
 CONVENTION  AND VISITOR'S BUREAU OR THEIR DESIGNEES. APPOINTMENTS TO THE
 COMMISSION SHALL BE FILED WITH THE COMMISSIONER WHO  SHALL  CONVENE  THE
 FIRST  MEETING  OF  THE COMMISSION FOLLOWING THE FILING OF A MAJORITY OF
 THE APPOINTMENTS. AT THE INITIAL MEETING, THE MEMBERS OF THE  COMMISSION
 SHALL SELECT OFFICERS.
   2.  THE TERM OF OFFICE FOR APPOINTEES SHALL BE FOUR YEARS. MEMBERS MAY
 SERVE ON THE COMMISSION UNTIL THEY RESIGN OR ARE REPLACED. IN THE  EVENT
 OF  A VACANCY OCCURRING OTHER THAN BY THE EXPIRATION OF A MEMBER'S TERM,
 SUCH VACANCY SHALL BE FILLED FOR THE BALANCE OF THE  UNEXPIRED  TERM  IN
 THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
   3. A MAJORITY OF THE VOTING MEMBERS OF THE COMMISSION SHALL CONSTITUTE
 A QUORUM.
   4.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR THEIR EXPENSES
 ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   5.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  LAW,  GENERAL,
 SPECIAL,  OR  LOCAL,  NO  OFFICER  OR EMPLOYEE OF THE STATE OR ANY CIVIL
 DIVISION THEREOF SHALL BE DEEMED TO  HAVE  FORFEITED  OR  SHALL  FORFEIT
 THEIR  OFFICE  OR EMPLOYMENT BY REASON OF THEIR ACCEPTANCE OF MEMBERSHIP
 ON THE COMMISSION.
   6. EVERY STATE AGENCY AND PUBLIC CORPORATION  HAVING  JURISDICTION  OF
 LAND  WITHIN THE HERITAGE AREA SHALL, TO THE FULLEST EXTENT PRACTICABLE,
 COOPERATE WITH AND ASSIST THE COMMISSION IN CARRYING OUT THE  PROVISIONS
 OF THIS ARTICLE.
   7.  EVERY LOCAL AGENCY RELATING TO THE HERITAGE AREA MAY OFFER ASSIST-
 ANCE TO THE COMMISSION IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE.
   § 41.07 COMMISSION PURPOSE. THE PURPOSE OF THE COMMISSION IS TO UNDER-
 TAKE ALL NECESSARY ACTIONS TO FACILITATE THE CREATION OF THE  SCAJAQUADA
 HERITAGE AREA IN BUFFALO, COMPLETE A MANAGEMENT PLAN TO ENSURE THE LONG-
 TERM PRESERVATION AND MAINTENANCE OF SUCH HERITAGE AREA, AND PROVIDE FOR
 THE  IMPLEMENTATION AND SUSTAINABILITY OF UNDERTAKING RECOMMENDATIONS OF
 THE COMPLETED MANAGEMENT PLAN.
   § 41.09 MANAGEMENT PLAN. 1. NOTWITHSTANDING THE PROVISIONS OF  SECTION
 35.05 OF THIS TITLE, THE MANAGEMENT PLAN SHALL:
   (A)  DESIGNATE THE SPECIFIC BOUNDARIES OF THE SCAJAQUADA HERITAGE AREA
 AS DEPICTED ON A MAP ACCOMPANYING THE MANAGEMENT PLAN;
   (B) DEVELOP A VISION, GOALS, AND OBJECTIVES FOR THE HERITAGE AREA THAT
 FOCUS ON ENSURING EDUCATIONAL BENEFITS TO  THE  PUBLIC  AND  PROHIBITING
 INCOMPATIBLE USES WITHIN THE HERITAGE AREA;
   (C)  CREATE  AN  INVENTORY OF PRIVATELY OWNED EXISTING LAND AND BUILD-
 INGS;
   (D) IDENTIFY OTHER LAND AND  BUILDINGS  THAT  CAN  CONTRIBUTE  TO  THE
 PURPOSES OF THE HERITAGE AREA;
   (E)  RECOMMEND  MEANS  OF  LINKING THE HERITAGE AREA TO OTHER HISTORIC
 AMENITIES AND COMMERCIAL ASSETS AND DESCRIBE THE TECHNIQUES OR MEANS  OF
 PRESERVATION  AND  PROTECTION  OF HISTORIC AND CULTURAL RESOURCES WITHIN
 THE HERITAGE AREA;
   (F) EVALUATE THE WAYS IN  WHICH  ECONOMIC  DEVELOPMENT  ACTIVITIES  IN
 PROXIMITY  TO THE HERITAGE AREA CAN SUPPORT, COMPLEMENT, AND SUSTAIN THE
 DEVELOPMENT OF THE HERITAGE AREA;
   (G) DESCRIBE THE ORGANIZATIONAL STRUCTURE  TO  BE  UTILIZED  FOR  LONG
 RANGE  PLANNING,  DEVELOPMENT, AND MANAGEMENT OF THE HERITAGE AREA FOR A
 MINIMUM OF TEN YEARS, INCLUDING THE RESPONSIBILITIES AND  INTERRELATION-
 S. 6903                             4
 
 SHIPS  OF LOCAL, REGIONAL, AND STATE AGENCIES IN THE MANAGEMENT PROCESS,
 AND A PROGRAM TO PROVIDE MAXIMUM FEASIBLE PRIVATE PARTICIPATION  IN  THE
 IMPLEMENTATION OF THE MANAGEMENT PLAN;
   (H)  INCLUDE  A  PLAN  FOR  THE DEVELOPMENT OF THE HERITAGE AREA AS AN
 ACADEMIC DESTINATION THAT  CAN  PROVIDE  OPPORTUNITIES  FOR  EDUCATIONAL
 PROGRAMS,  INCLUDING  ADVANCED  SCHOLARLY  RESEARCH  FOR STUDENTS OF ALL
 EDUCATIONAL BACKGROUNDS. SUCH PLAN MAY INCLUDE, BUT IS NOT  LIMITED  TO,
 ACADEMIC  SYMPOSIA,  LECTURES, ARCHIVE COLLECTIONS, LIBRARY COLLECTIONS,
 AND A MUSEUM;
   (I) INCLUDE AN ECONOMIC ASSESSMENT OF THE LONG- AND  SHORT-TERM  COSTS
 AND BENEFITS RELATED TO THE ESTABLISHMENT, OPERATION, AND MAINTENANCE OF
 THE  HERITAGE  AREA,  INCLUDING A COMPREHENSIVE ESTIMATE OF THE COSTS OF
 IMPLEMENTING THE MANAGEMENT PLAN IDENTIFIED BY  SOURCE  OF  FUNDING  AND
 SPECIFICALLY  DELINEATING  EXPECTED  STATE,  LOCAL, FEDERAL, AND PRIVATE
 CONTRIBUTION;
   (J) INCLUDE A MARKETING PLAN, WHICH SHALL INCLUDE MEASURES  TO  TARGET
 NICHE  MARKET TRAVELERS AND SCHOLARS. SUCH PLAN SHALL INCLUDE SUPPORTING
 EVIDENCE FOR TARGETING SUCH TRAVELERS AND  SHALL  CONSIDER  OUT-OF-STATE
 MARKETING AS ALLOWABLE IN BUDGETING; AND
   (K)  MAKE RECOMMENDATIONS FOR THE ONGOING OPERATION AND MAINTENANCE OF
 THE SCAJAQUADA HERITAGE AREA.
   2. THE DRAFT MANAGEMENT PLAN SHALL BE SUBMITTED  TO  THE  COMMISSIONER
 FOR  APPROVAL  WITHIN  FOUR YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE.
 PRIOR TO SUBMITTING THE PLAN TO THE COMMISSIONER, THE LEGISLATIVE REPRE-
 SENTATIVE BODY OF THE CITY OF BUFFALO SHALL APPROVE THE PLAN. THE LEGIS-
 LATIVE BODY OF THE CITY OF BUFFALO, AT ITS DISCRETION AND IN THE  INTER-
 EST  OF  EXPEDITING  THE  LOCAL  APPROVAL PROCESS, SHALL HOLD TWO PUBLIC
 MEETINGS AT ANY TIME DURING THE LOCAL APPROVAL PROCESS. THE COMMISSIONER
 MAY APPROVE THE PLAN, MAY RETURN THE PLAN TO THE COMMISSION WITH  RECOM-
 MENDATIONS  FOR APPROVAL, OR MAY REJECT THE PLAN. A COPY OF THE APPROVED
 PLAN SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY.
   3.  SELECTED  INDIVIDUAL  REQUIREMENTS  OR  PORTIONS  THEREOF  FOR THE
 MANAGEMENT PLAN SUBMISSIONS MAY BE WAIVED BY THE  COMMISSIONER  PROVIDED
 THAT  PRIOR SUBMISSIONS TO THE OFFICE DURING A PREVIOUS PLANNING PROCESS
 ARE JUDGED SUFFICIENT TO FULFILL THE PURPOSE OF THE MANAGEMENT PLAN.
   4. APPROVAL OF THE MANAGEMENT PLAN BY THE COMMISSIONER SHALL ESTABLISH
 ELIGIBILITY FOR THE RECEIPT OF ACQUISITION, DEVELOPMENT, AND PROGRAMMING
 ASSISTANCE FROM THE STATE  HERITAGE  AREA  PROGRAM  WITHIN  THE  DEFINED
 HERITAGE  AREA  BOUNDARIES.  NOTHING  IN THIS ARTICLE SHALL PROHIBIT THE
 COMMISSION FROM APPLYING FOR OTHER GRANT PROGRAMS OR SOURCES OF FUNDING.
   § 41.11 POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL HAVE
 THE FOLLOWING POWERS AND DUTIES:
   1. TO HAVE A SEAL AND ALTER THE SAME AT ITS PLEASURE;
   2. TO ACQUIRE, HOLD, AND DISPOSE OF PERSONAL PROPERTY FOR  ITS  CORPO-
 RATE PURPOSES;
   3. TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS;
   4.  TO  APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, AND EMPLOYEES,
 TO PRESCRIBE THEIR QUALIFICATIONS AND TO FIX THEIR COMPENSATION  AND  TO
 PAY THE SAME OUT OF FUNDS OF THE COMMISSION;
   5.  TO ENTER INTO CONTRACTS AND LEASES, AND TO EXECUTE ALL INSTRUMENTS
 NECESSARY AND CONVENIENT WITH ANY PERSON, FIRM,  PARTNERSHIP  OR  CORPO-
 RATION, EITHER PUBLIC OR PRIVATE, OR THE STATE;
   6.  TO  ACCEPT  GIFTS, GRANTS, LOANS, OR CONTRIBUTIONS FROM, AND ENTER
 INTO CONTRACTS OR OTHER TRANSACTIONS WITH, THE  UNITED  STATES  AND  THE
 STATE  OR ANY COMMISSION OF EITHER OF THEM, ANY MUNICIPALITY, ANY PUBLIC
 S. 6903                             5
 
 OR PRIVATE CORPORATION, INDIVIDUAL OR OTHER LEGAL ENTITY, AND TO USE ANY
 SUCH GIFT, GRANTS,  LOANS,  OR  CONTRIBUTIONS  TO  ADVANCE  ANY  OF  ITS
 PURPOSES;
   7. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
   8. TO ESTABLISH AND RE-ESTABLISH ITS FISCAL YEAR;
   9.  TO PREPARE AN ANNUAL REPORT ON THE CONDUCT OF ITS ACTIVITIES WHICH
 SHALL INCLUDE A FINANCIAL STATEMENT FOR THAT YEAR AND A  WORK  PLAN  FOR
 THE  NEXT  YEAR, WHICH MAY INCLUDE AN ESTIMATE OF THE RESOURCES REQUIRED
 TO COMPLETE THE COMMISSION'S ACTIVITIES TO BE SENT TO THE GOVERNOR,  THE
 TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY;
   10. TO CONTRACT WITH THE STATE AS A NOT-FOR-PROFIT CORPORATION;
   11.  TO  ORGANIZE  AND  MEET  WITH A COMMITTEE OF PLANNERS FOR MUNICI-
 PALITIES IN OR ADJACENT TO THE HERITAGE AREA REGARDING REGIONAL PROJECTS
 AND THE PROVISION OF PLANNING SERVICES;
   12. TO CREATE ADVISORY COMMITTEES TO ADVISE ON  MATTERS  OF  INTEREST,
 PROVIDED,  HOWEVER,  THERE  SHALL  BE CREATED, AT A MINIMUM, A CITIZENS'
 ADVISORY COMMITTEE CONSISTING OF REPRESENTATIVES OF LOCAL CIVIC, COMMER-
 CIAL, EDUCATIONAL, HISTORIC, AND CULTURAL ORGANIZATIONS; AND
   13. TO DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS PURPOSES
 AND EXERCISE THE POWERS  EXPRESSLY  GIVEN  IN  THIS  ARTICLE;  PROVIDED,
 HOWEVER,  THAT  NO  POWER  IS  PROVIDED TO THE COMMISSION TO OPERATE ANY
 PORTION OF THE HERITAGE AREA, TO IMPOSE  OPERATING  STANDARDS  UPON  ANY
 PORTION OF THE HERITAGE AREA, OR TO TAKE PROPERTY BY EMINENT DOMAIN.
   § 41.13 COOPERATION  WITH  THE  CITY  OF  BUFFALO,  STATE AGENCIES AND
 PUBLIC CORPORATIONS. 1. THE CITY OF BUFFALO, ANY STATE  AGENCY,  OR  ANY
 PUBLIC  CORPORATION  MAY PROVIDE THE COMMISSION WITH THE SERVICES OF ITS
 AGENTS, EMPLOYEES, AND FACILITIES  WITHOUT  CHARGE  TO  THE  COMMISSION.
 PERSONS  SERVING  AS  OFFICERS  OR  EMPLOYEES  OF  THE COMMISSION MAY BE
 EMPLOYEES OF THE CITY OF BUFFALO AND THE COMMISSION, AND THE  COMMISSION
 MAY  PAY  THE  CITY  OF BUFFALO AN AGREED PORTION OF THE COMPENSATION OR
 COSTS OF SUCH OFFICERS OR EMPLOYEES.
   2. NOTHING CONTAINED IN  THIS  ARTICLE  SHALL  BE  DEEMED  TO  AFFECT,
 IMPAIR,  OR  SUPERSEDE  THE  PROVISIONS  OF ANY CITY CHARTER, LOCAL LAW,
 RULE, OR OTHER LOCAL REQUIREMENT OR PROCEDURE  HERETOFORE  OR  HEREAFTER
 ADOPTED,  INCLUDING  BUT NOT LIMITED TO, ANY SUCH PROVISIONS RELATING TO
 THE ZONING AND USE OF LAND.
   § 41.15 APPROPRIATIONS BY THE  CITY  OF  BUFFALO.  TO  EFFECTUATE  THE
 PURPOSES OF THIS ARTICLE, THE CITY OF BUFFALO MAY APPROPRIATE AND TRANS-
 FER  TO  THE COMMISSION MONEYS TO BE EXPENDED BY THE COMMISSION TO CARRY
 OUT ITS FUNCTIONS PURSUANT TO THIS ARTICLE.
   § 41.17 STATE ACTIONS. EACH STATE  AGENCY  SHALL  REVIEW  ITS  ACTIONS
 WITHIN  THE HERITAGE AREA IN RELATION TO THE CONSISTENCY OF SUCH ACTIONS
 WITH THE APPROVED PLAN.
   § 41.19 STATE PURPOSE. THE DEVELOPMENT AND IMPLEMENTATION OF A  SCAJA-
 QUADA  HERITAGE AREA PLAN IS CONSIDERED A STATE PURPOSE. NOTWITHSTANDING
 ANY LAW TO THE CONTRARY, ANY STATE AGENCY OR PUBLIC  CORPORATION  WITHIN
 AMOUNTS  APPROPRIATED OR AVAILABLE THEREFORE MAY OFFER ASSISTANCE TO THE
 COMMISSION IN SUPPORT OF ITS CORPORATE PURPOSE THROUGH  THE  LENDING  OF
 STAFF OR OTHER RESOURCES TO ACCOMPLISH THE PURPOSES OF THIS ARTICLE.
   §  3.  This act shall take effect immediately; provided, however, that
 section two of this act shall expire and be deemed repealed  five  years
 after it shall have become law.

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