§ 58-0503. Programs, plans and projects.

1. Eligible open space working lands conservation and recreation
projects include, but are not limited to:

a. costs associated with open space land conservation projects;

b. costs associated with purchasing conservation easements to protect
farmland pursuant to article twenty-five-aaa of the agriculture and
markets law; and

c. costs associated with recreational infrastructure projects.

2. The department or the office of parks, recreation and historic
preservation are authorized to undertake open space land conservation
projects, in cooperation with willing sellers pursuant to subdivision
one of this section and may enter into an agreement for purchase of real
property or conservation easements on real property by a municipality or
a not-for-profit corporation. Any such agreement shall contain such
provisions as shall be necessary to ensure that the purchase is
consistent with, and in furtherance of, this title and shall be subject
to the approval of the comptroller and, as to form, the attorney
general. In undertaking such projects, such commissioners shall consider
the state land acquisition plan prepared pursuant to section 49-0207 of
this chapter. Further, the department or the office of parks, recreation
and historic preservation are authorized to provide state assistance
payments to municipalities for eligible projects consistent with
paragraphs a and c of subdivision one of this section.

3. The cost of an open space land conservation project shall include
the cost of preparing a management plan for the preservation and
beneficial public enjoyment of the land acquired pursuant to this
section except where such a management plan already exists for the
acquired land.

4. The department and the department of agriculture and markets are
authorized to provide, pursuant to paragraph b of subdivision one of
this section, farmland preservation implementation grants to county
agricultural and farmland protection boards pursuant to article
twenty-five-aaa of the agriculture and markets law, or to
municipalities, soil and water conservation districts or not-for-profit
corporations for implementation of projects.

5. The department is authorized to expend moneys to purchase
equipment, devices, and other necessary materials and to acquire fee
title or conservation easements in lands for monitoring, restoration,
recovery, or reintroduction projects for species listed as endangered or
threatened or listed as a species of special concern pursuant to section
11-0535 of this chapter.

6. The department or the office of parks, recreation and historic
preservation are authorized to expend moneys for the planning, design,
and construction of projects to develop and improve parks, campgrounds,
nature centers, fish hatcheries, and other recreational facilities.

7. The commissioner and a not-for-profit corporation may enter into a
contract for the undertaking by the not-for-profit corporation of an
open space land acquisition project.

8. Real property acquired, developed, improved, restored or
rehabilitated by or through a municipality pursuant to paragraph a of
subdivision one of this section or undertaken by or on behalf of a
municipality with funds made available pursuant to this title shall not
be sold, leased, exchanged, donated or otherwise disposed of or used for
other than public park purposes without the express authority of an act
of the legislature, which shall provide for the substitution of other
lands of equal environmental value and fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold or
disposed of, and such other requirements as shall be approved by the
commissioner.

9. Provided that for the purposes of selecting projects for funding
under paragraphs a and b of subdivision one of this section, the
relevant agencies shall develop eligibility guidelines and post
information on the department's website in the environmental notice
bulletin providing for a thirty day public comment period and upon
adoption post such eligibility guidelines on the relevant agency's
website.