Authorizes the commissioner of general services, with the consent of the commissioner of environmental conservation, to designate certain areas for recreational mineral extraction.
STATE OF NEW YORK
________________________________________________________________________
8835
IN SENATE
May 23, 2018
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the public lands law and the education law, in relation
to the designation of certain lands for recreational mineral
extraction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 81 of the public lands law, as
2 amended by chapter 643 of the laws of 1962, is amended to read as
3 follows:
4 2. (a) The commissioner of general services may, upon written applica-
5 tion by any citizen of the United States, issue to such applicant a
6 permit, consent, or lease of such duration as the commissioner may deem
7 advisable, upon such terms and conditions as the commissioner shall
8 determine, to enter upon state lands, for the purpose of exploring for
9 mines and minerals or for the purpose of breaking up such lands and
10 working any mine or extracting any mineral in such lands.
11 In the case of state lands other than unappropriated state lands, the
12 state department, agency, commission or institution having jurisdiction
13 over such lands shall receive notice from the commissioner of any appli-
14 cation to explore, break-up or mine, and shall have a period of not less
15 than thirty days to report thereon in writing to the commissioner, and
16 no permit, consent or lease shall be issued until such report has been
17 received or the thirty day period has expired, and shall not be effec-
18 tive until approved by the governor.
19 (b) The commissioner of general services, with the consent of the
20 commissioner of environmental conservation, may designate certain areas
21 for recreational mineral extraction. No designation shall be made which
22 will harm the natural environment or disturb the ecology of the
23 surrounding environment. Any such designation shall promote the enjoy-
24 ment of the natural environment. The commissioner of environmental
25 conservation may determine the time, manner, and scope of any such
26 recreational mineral extraction. The commissioner of environmental
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14266-02-8
S. 8835 2
1 conservation shall not permit any mineral extraction that would exceed a
2 de minimis amount. The commissioner of environmental conservation is
3 authorized to promulgate rules and regulations necessary to implement
4 the provisions of this paragraph.
5 § 2. Subdivision 4 of section 233 of the education law, as amended by
6 chapter 593 of the laws of 2008, is amended to read as follows:
7 4. Except as otherwise provided in subdivision three of this section,
8 no person shall investigate, excavate, remove, injure, appropriate or
9 destroy any object of archaeological, historical, cultural, social,
10 scientific or paleontological interest, situated on, in or under lands
11 owned by the state of New York, without the written permission of the
12 commissioner [of education] except as provided in section eighty-one of
13 the public lands law. A violation of this provision shall constitute a
14 class A misdemeanor. The attorney general, either independently or upon
15 referral from a state agency, shall seek civil and/or criminal prose-
16 cution, civil and/or criminal penalties and any other relief, including
17 but not limited to seizure and forfeiture of the appropriate items, and
18 forfeiture of the instrumentalities of the unauthorized actions on state
19 lands. The discovery of any such objects shall be forthwith reported to
20 the commissioner by the state department or agency having jurisdiction
21 over such lands.
22 § 3. This act shall take effect immediately.
