§ 9-0505. Sale of products from reforestation areas.

1. The commissioner, upon such terms as may be deemed by him to be for
the best interests of the state and subject to the following rules and
regulations, may sell the trees, timber and other products on any areas
outside of the forest preserve counties heretofore or hereafter acquired
by gift, purchase or appropriation and on any lands within the forest
preserve counties, but outside of the Adirondack and Catskill parks as
now fixed, or hereafter extended by law, heretofore or hereafter
acquired pursuant to this section by the department. For the purposes of
this section, the term "other products" shall also include, but not be
limited to, the sap from maple trees.

2. All trees, timber or other products to be sold shall be plainly
marked or otherwise designated prior to selling and no such material
shall be removed from said land until paid for.

3. No such material shall be sold at less than the fair market value
in the county or counties in which it is located. Fair market 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 commissioner. The
commissioner shall have authority to sell such materials at not less
than the value thus fixed and under such conditions as he may prescribe.

4. a. No sale of such materials appraised at ten thousand dollars or
more shall be made without public notice of sale, and after receipt of
sealed bids which shall be opened only at the time and place specified
in the notice of sale. Award shall be made only to the highest bidder.

b. The public notice of the sale of such materials shall be a notice
describing the materials and location thereof, the date when and place
where bids will be opened and the address at which said forms and
specific details of the sale may be obtained. Such notice shall be
printed in the Procurement Opportunity Newsletter, and in such other
newspapers as will be most likely to give adequate notice of the sale of
such materials, for such time and in such manner as shall be determined
by the commissioner.

c. The state may reject all bids submitted if the highest bid is below
the fair market value as determined above. No bids shall be withdrawn or
cancelled until after the award shall have been made, but the state may
reject any bids which do not conform to rules and regulations and may
reject all bids and again advertise for bids in the manner herein
provided if the interests of the state shall be promoted thereby. Each
bidder with his bid shall deposit with the commissioner a certified
check drawn upon some legally incorporated bank in this state or money
for five per centum of the amount of his bid as a guarantee that he will
enter into the contract of sale if it be awarded to him. Notice of the
requirement of such deposit with the bid shall be embodied in the public
notice for such letting and such notice shall also require the giving of
a bond in such amount as the commissioner may prescribe for the faithful
performance of the contract and for the indemnification of the state for
any unnecessary injury to property of the state, forest growth or other
materials not marked or otherwise designated for removal under such
contract, which may result from the removal of the materials sold. In
lieu of such bond the bidder may deposit cash or a certified check with
the commissioner. The contract when awarded shall be executed in
triplicate, one triplicate original shall be forthwith filed in the
office of the commissioner, one together with the bond accompanying such
contract in the office of the State Comptroller and one furnished to the
contractor. The contractor shall present to the commissioner evidence
that he is insured against all claims for workmen's compensation and
public liability.

d. For sales appraised at more than five hundred dollars and less than
ten thousand dollars the commissioner, at a minimum, shall develop a
local bid procedure to ensure that the public is aware of such sales and
that such sales be awarded to the highest responsible bidder.

5. Notwithstanding any rule or regulation to the contrary, the
commissioner shall be authorized to enter into contracts for the lease
or use of state lands for the purpose of tree tapping and sap production
for a term of up to, but not to exceed, ten years. For the purposes of
this section, the terms "tree tapping" and "sap production" shall
include trees and sap from species of trees including, but not limited
to, maple.