§ 9-0505. Sale of products from reforestation areas.\n 1. The commissioner, upon such terms as may be deemed by him to be for\nthe best interests of the state and subject to the following rules and\nregulations, may sell the trees, timber and other products on any areas\noutside of the forest preserve counties heretofore or hereafter acquired\nby gift, purchase or appropriation and on any lands within the forest\npreserve counties, but outside of the Adirondack and Catskill parks as\nnow fixed, or hereafter extended by law, heretofore or hereafter\nacquired pursuant to this section by the department. For the purposes of\nthis section, the term "other products" shall also include, but not be\nlimited to, the sap from maple trees.\n 2. All trees, timber or other products to be sold shall b
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§ 9-0505. Sale of products from reforestation areas.\n 1. The commissioner, upon such terms as may be deemed by him to be for\nthe best interests of the state and subject to the following rules and\nregulations, may sell the trees, timber and other products on any areas\noutside of the forest preserve counties heretofore or hereafter acquired\nby gift, purchase or appropriation and on any lands within the forest\npreserve counties, but outside of the Adirondack and Catskill parks as\nnow fixed, or hereafter extended by law, heretofore or hereafter\nacquired pursuant to this section by the department. For the purposes of\nthis section, the term "other products" shall also include, but not be\nlimited to, the sap from maple trees.\n 2. All trees, timber or other products to be sold shall be plainly\nmarked or otherwise designated prior to selling and no such material\nshall be removed from said land until paid for.\n 3. No such material shall be sold at less than the fair market value\nin the county or counties in which it is located. Fair market value\nshall be the value fixed by a department forester or other competent\nappraiser in a report made after an examination of the materials to be\nsold, provided such appraisal is approved by the commissioner. The\ncommissioner shall have authority to sell such materials at not less\nthan the value thus fixed and under such conditions as he may prescribe.\n 4. a. No sale of such materials appraised at ten thousand dollars or\nmore shall be made without public notice of sale, and after receipt of\nsealed bids which shall be opened only at the time and place specified\nin the notice of sale. Award shall be made only to the highest bidder.\n b. The public notice of the sale of such materials shall be a notice\ndescribing the materials and location thereof, the date when and place\nwhere bids will be opened and the address at which said forms and\nspecific details of the sale may be obtained. Such notice shall be\nprinted in the Procurement Opportunity Newsletter, and in such other\nnewspapers as will be most likely to give adequate notice of the sale of\nsuch materials, for such time and in such manner as shall be determined\nby the commissioner.\n c. The state may reject all bids submitted if the highest bid is below\nthe fair market value as determined above. No bids shall be withdrawn or\ncancelled until after the award shall have been made, but the state may\nreject any bids which do not conform to rules and regulations and may\nreject all bids and again advertise for bids in the manner herein\nprovided if the interests of the state shall be promoted thereby. Each\nbidder with his bid shall deposit with the commissioner a certified\ncheck drawn upon some legally incorporated bank in this state or money\nfor five per centum of the amount of his bid as a guarantee that he will\nenter into the contract of sale if it be awarded to him. Notice of the\nrequirement of such deposit with the bid shall be embodied in the public\nnotice for such letting and such notice shall also require the giving of\na bond in such amount as the commissioner may prescribe for the faithful\nperformance of the contract and for the indemnification of the state for\nany unnecessary injury to property of the state, forest growth or other\nmaterials not marked or otherwise designated for removal under such\ncontract, which may result from the removal of the materials sold. In\nlieu of such bond the bidder may deposit cash or a certified check with\nthe commissioner. The contract when awarded shall be executed in\ntriplicate, one triplicate original shall be forthwith filed in the\noffice of the commissioner, one together with the bond accompanying such\ncontract in the office of the State Comptroller and one furnished to the\ncontractor. The contractor shall present to the commissioner evidence\nthat he is insured against all claims for workmen's compensation and\npublic liability.\n d. For sales appraised at more than five hundred dollars and less than\nten thousand dollars the commissioner, at a minimum, shall develop a\nlocal bid procedure to ensure that the public is aware of such sales and\nthat such sales be awarded to the highest responsible bidder.\n 5. Notwithstanding any rule or regulation to the contrary, the\ncommissioner shall be authorized to enter into contracts for the lease\nor use of state lands for the purpose of tree tapping and sap production\nfor a term of up to, but not to exceed, ten years. For the purposes of\nthis section, the terms "tree tapping" and "sap production" shall\ninclude trees and sap from species of trees including, but not limited\nto, maple.\n