§ 9-0107. Acceptance by department of lands for parks and for

silvicultural research.

Notwithstanding any other provisions of this article, the department
is hereby authorized to accept, for the state, grants or deeds of gift
of any lands, upon approval of the title thereto by the Attorney
General, as follows:

1. a. Lands, located in any county named in subdivision 2 of section
9-0105, or in subdivision 6 of section 9-0101 of this article, which the
department may deem suitable for park or reservation purposes. The grant
or deed must recite that it is given for acceptance under the provisions
of this subdivision of this section.

b. Property so accepted shall forever be under the jurisdiction of the
commissioner and his successors in office and, by virtue of the
acceptance thereof, shall be irrevocably dedicated to be used for the
purposes of a public park or reservation under the care, custody,
control and management of the department and shall not become a part of
the forest preserve. Such property shall forever remain open to the
public for the enjoyment of the scenic and natural beauties of the
premises, and receive such improvement or development, by the erection
of buildings, roads, highways, railroads and other structures, including
the improvement, alteration and maintenance of the structures now on
such premises as the legislature may from time to time determine. The
department may, in its discretion, lease a part or all of such premises
upon such terms and conditions as it may determine not inconsistent with
the reasonable use of such premises by the public, provided that any
such lease shall first have been approved by the Attorney General as to
form.

2. a. Lands, located in any county named in subdivision 6 of section
9-0101 of this article, which the department may deem suitable for use
for the purposes of silvicultural research and experimentation in the
science of forestry to the end that forest practices most beneficial to
the economy of the state and the health, welfare and comfort of the
people of the state may be ascertained and demonstrated. The grant or
deed to the state of any such lands must recite that it is given for
acceptance under the provisions of this subdivision of this section.

b. Property so accepted shall be under the jurisdiction of the
commissioner and his successors in office and, until otherwise provided
by law, shall be dedicated for use only for the purposes of
silvicultural research and experimentation in the science of forestry,
including purposes incidental thereto, under the care, custody, control
and management of the department and its successors in office and shall
not become a part of the forest preserve. Under such conditions as it
may deem consistent with the purposes aforesaid, and upon such terms as
it may deem to be for the best interests of the state, the department
may sell trees, timber and other products on any such lands. All trees,
timber or other products to be sold shall be plainly marked or otherwise
designated prior to cutting and no such material shall be removed from
such land until paid for. No such material shall be sold at less than
the fair market value in the county or counties in which it is located,
which value shall be the value fixed by a department forester or other
competent appraiser in a report made after an examination of the
materials to be sold, provided such appraisal is approved by the
department. The department may sell any such materials at not less than
the fair market value so fixed and under such conditions as it may
prescribe, provided, however, that no sale of such materials appraised
at five hundred dollars or more shall be made without public notice of
sale, and after receipt of sealed bids. The award shall be made only to
the highest bidder. Such notice of sale and bids, the awarding of the
contract and the execution and filing of the contract shall otherwise be
in accordance with the procedure specified in sections 9-0501 through
9-0505 of this article for the sale after public notice, of trees,
timber, and other forest products on reforestation areas. All moneys
received from any such sale shall be paid over to the State Comptroller
and shall be deposited by him in the forest preserve expansion fund
established by section 97-e of the State Finance Law.