§ 3-0321 — Gifts, donations, capital improvements

New York § 3-0321

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: General Functions, Powers, Duties and Jurisdiction
• Art. 3: Department of Environmental Conservation; General Functions, Powers, Duties and Jurisdiction

Text

§ 3-0321. Gifts, donations, capital improvements.\n 1. Notwithstanding the provisions of the state finance law, or any\nother state law to the contrary, and subject to approval of the director\nof the budget, the commissioner is authorized to accept an unconditional\ngrant, gift, devise or bequest, either absolutely or in trust, from\npersons and entities for the maintenance of any educational or\nrecreational facilities or for programs that promote the use or\nstewardship of state owned lands under the department's jurisdiction or\nmanagement; establish a special fund or funds consisting of monies so\nacquired and administer such fund or funds; and expend such monies.\n 2. Notwithstanding the provisions of the state finance law, or any\nother state law to the contrary, the commissioner is authorized to:\n (a) receive, hold and administer personal property and any income\nthereof, acquired by grant, unconditional gift, devise or bequest,\neither absolutely or in trust, for the maintenance of any educational or\nrecreational facilities or for programs that promote the use or\nstewardship of state owned lands under the department's jurisdiction or\nmanagement; establish a special fund or funds consisting of monies so\nacquired and administer such fund or funds; and expend such monies; and\n (b) seek investment from private philanthropic interest or\nnot-for-profit corporations for capital improvements at state owned\nfacilities under the department's jurisdiction or management.\n 3. For purposes of this section, educational or recreational\nfacilities or programs that promote the use or stewardship of\nstate-owned lands under the department's jurisdiction or management\nshall include, but not be limited to, campgrounds, fish hatcheries,\nhistoric areas and facilities, kiosks, signage, programs for maintenance\nand development of roads and trails, and programs to improve access for\npersons with disabilities.\n 4. The commissioner shall not accept any grant, gift, devise or\nbequest from or enter into any contract or agreement authorized pursuant\nto subdivisions one, two, and, three of this section with persons or\nentities:\n (a) named in a pending lawsuit by or against the department;\n (b) under investigation by the department;\n (c) with a permit or license application pending before the department\nor currently holding a department-issued permit or license, except for\npermits or licenses that are ministerial in nature, such as sporting\nlicenses, use of state land permits, or general permits;\n (d) engaged in settlement negotiations with the department regarding\nany civil, criminal or administrative matter; or\n (e) subject to a consent order issued by the department.\n