§ 58-0503. Programs, plans and projects.\n 1. Eligible open space working lands conservation and recreation\nprojects include, but are not limited to:\n a. costs associated with open space land conservation projects;\n b. costs associated with purchasing conservation easements to protect\nfarmland pursuant to article twenty-five-aaa of the agriculture and\nmarkets law; and\n c. costs associated with recreational infrastructure projects.\n 2. The department or the office of parks, recreation and historic\npreservation are authorized to undertake open space land conservation\nprojects, in cooperation with willing sellers pursuant to subdivision\none of this section and may enter into an agreement for purchase of real\nproperty or conservation easements on real property by a municipality
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§ 58-0503. Programs, plans and projects.\n 1. Eligible open space working lands conservation and recreation\nprojects include, but are not limited to:\n a. costs associated with open space land conservation projects;\n b. costs associated with purchasing conservation easements to protect\nfarmland pursuant to article twenty-five-aaa of the agriculture and\nmarkets law; and\n c. costs associated with recreational infrastructure projects.\n 2. The department or the office of parks, recreation and historic\npreservation are authorized to undertake open space land conservation\nprojects, in cooperation with willing sellers pursuant to subdivision\none of this section and may enter into an agreement for purchase of real\nproperty or conservation easements on real property by a municipality or\na not-for-profit corporation. Any such agreement shall contain such\nprovisions as shall be necessary to ensure that the purchase is\nconsistent with, and in furtherance of, this title and shall be subject\nto the approval of the comptroller and, as to form, the attorney\ngeneral. In undertaking such projects, such commissioners shall consider\nthe state land acquisition plan prepared pursuant to section 49-0207 of\nthis chapter. Further, the department or the office of parks, recreation\nand historic preservation are authorized to provide state assistance\npayments to municipalities for eligible projects consistent with\nparagraphs a and c of subdivision one of this section.\n 3. The cost of an open space land conservation project shall include\nthe cost of preparing a management plan for the preservation and\nbeneficial public enjoyment of the land acquired pursuant to this\nsection except where such a management plan already exists for the\nacquired land.\n 4. The department and the department of agriculture and markets are\nauthorized to provide, pursuant to paragraph b of subdivision one of\nthis section, farmland preservation implementation grants to county\nagricultural and farmland protection boards pursuant to article\ntwenty-five-aaa of the agriculture and markets law, or to\nmunicipalities, soil and water conservation districts or not-for-profit\ncorporations for implementation of projects.\n 5. The department is authorized to expend moneys to purchase\nequipment, devices, and other necessary materials and to acquire fee\ntitle or conservation easements in lands for monitoring, restoration,\nrecovery, or reintroduction projects for species listed as endangered or\nthreatened or listed as a species of special concern pursuant to section\n11-0535 of this chapter.\n 6. The department or the office of parks, recreation and historic\npreservation are authorized to expend moneys for the planning, design,\nand construction of projects to develop and improve parks, campgrounds,\nnature centers, fish hatcheries, and other recreational facilities.\n 7. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of an\nopen space land acquisition project.\n 8. Real property acquired, developed, improved, restored or\nrehabilitated by or through a municipality pursuant to paragraph a of\nsubdivision one of this section or undertaken by or on behalf of a\nmunicipality with funds made available pursuant to this title shall not\nbe sold, leased, exchanged, donated or otherwise disposed of or used for\nother than public park purposes without the express authority of an act\nof the legislature, which shall provide for the substitution of other\nlands of equal environmental value and fair market value and reasonably\nequivalent usefulness and location to those to be discontinued, sold or\ndisposed of, and such other requirements as shall be approved by the\ncommissioner.\n 9. Provided that for the purposes of selecting projects for funding\nunder paragraphs a and b of subdivision one of this section, the\nrelevant agencies shall develop eligibility guidelines and post\ninformation on the department's website in the environmental notice\nbulletin providing for a thirty day public comment period and upon\nadoption post such eligibility guidelines on the relevant agency's\nwebsite.\n