Bill Text: NY A00375 | 2009-2010 | General Assembly | Introduced
Bill Title: Seeks to protect the public trust in the natural resources in state parks and historic sites by protecting their natural resources (i.e., timber, forest products, oil, gas, sand, rock, gravel or minerals derived from or originating in a state park or historic site) from certain commercial uses; prohibits the office of parks, recreation and historic preservation (and officers and employees thereof) from engaging in various activities related to commercial use of natural resources, that is: entering into leases or contracts with a private party to log timber; selling or exchanging timber, forest products or other natural resources for use outside the park or site; conversion of any natural resource, etc.; the extension of existing leases or contracts for the conversion of natural resources; or the construction of logging roads or skids; defines the terms "conversion", "forest product", "private party" and "timber".
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-01-05 - referred to tourism, arts and sports development [A00375 Detail]
Download: New_York-2009-A00375-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 375 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. HOYT, COLTON, ENGLEBRIGHT -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Develop- ment AN ACT to amend the parks, recreation and historic preservation law, in relation to protecting natural resources in state parks and historic sites THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The parks, recreation and historic preservation law is 2 amended by adding a new section 3.10 to read as follows: 3 S 3.10 PROTECTION OF NATURAL RESOURCES. 1. AS USED IN THIS SECTION: 4 (A) "CONVERSION" SHALL MEAN THE ALTERATION OR REMOVAL OF A NATURAL 5 RESOURCE FOR A NON-PARK PURPOSE. 6 (B) "FOREST PRODUCT" SHALL MEAN ANY OBJECT CONSTRUCTED FROM TIMBER, OR 7 A NON-CONSTRUCTION FORM OF TREES FROM A STATE PARK OR HISTORIC SITE 8 INCLUDING, BUT NOT LIMITED TO, WOOD CHIPS, WOOD PULP AND SAWDUST. 9 (C) "PRIVATE PARTY" SHALL MEAN ANY ENTITY OTHER THAN THE OFFICE, 10 INCLUDING BUT NOT LIMITED TO CORPORATIONS OR OTHER BUSINESSES, NOT-FOR- 11 PROFIT ORGANIZATIONS, OR PRIVATE CITIZENS. 12 (D) "TIMBER" SHALL MEAN WOOD FROM A STATE PARK OR HISTORIC SITE SUIT- 13 ABLE FOR CONSTRUCTION PURPOSES WHETHER CUT OR STILL IN THE FORM OF 14 TREES. 15 (E) "NATURAL RESOURCE" SHALL MEAN TIMBER, FOREST PRODUCTS, OIL, GAS, 16 SAND, ROCK, GRAVEL, OR MINERALS DERIVED FROM OR ORIGINATING IN A STATE 17 PARK OR HISTORIC SITE. 18 2. IN ORDER TO PROTECT THE PUBLIC TRUST IN THE NATURAL RESOURCES IN 19 STATE PARKS AND HISTORIC SITES, THE OFFICE OR ANY OFFICER OR EMPLOYEE 20 THEREOF SHALL NOT: 21 (A) ENTER INTO AN AGREEMENT TO LEASE OR CONTRACT WITH A PRIVATE PARTY 22 TO LOG TIMBER IN STATE PARKS OR HISTORIC SITES; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01157-01-1 A. 375 2 1 (B) SELL, EXCHANGE OR OTHERWISE REMOVE OR ALLOW TO UNDERGO CONVERSION 2 ANY TIMBER, FOREST PRODUCTS OR OTHER NATURAL RESOURCES FOR USE OUTSIDE 3 STATE PARKS OR HISTORIC SITES; 4 (C) CONVERT ANY NATURAL RESOURCE IN A STATE PARK OR HISTORIC SITE; 5 (D) EXTEND ANY EXISTING LEASE OR CONTRACT FOR THE CONVERSION OF ANY 6 NATURAL RESOURCE IN A STATE PARK OR HISTORIC SITE; OR 7 (E) CONSTRUCT ROADS AND SKIDS FOR THE PURPOSE OF REMOVING TIMBER OR 8 FOR THE CONVERSION OF NATURAL RESOURCES IN STATE PARKS AND HISTORIC 9 SITES. 10 3. NOTHING IN THIS SECTION SHALL BE UNDERSTOOD TO: 11 (A) RESTRICT THE SALE OF FIREWOOD COLLECTED IN STATE PARKS FOR USE 12 WITHIN STATE PARKS; 13 (B) RESTRICT OTHERWISE PERMISSIBLE HUNTING OR FISHING WITHIN STATE 14 PARKS, OR THE REMOVAL OF FISH OR GAME OBTAINED THROUGH SUCH ACTIVITIES 15 FROM STATE PARKS; 16 (C) RESTRICT THE OTHERWISE PERMISSIBLE SALE, EXCHANGE OR CONVERSION OF 17 OBJECTS, SUBSTANCES OR PRODUCTS NOT DERIVED FROM OR ORIGINATING IN STATE 18 PARKS OR HISTORIC SITES; OR 19 (D) RESTRICT THE OFFICE FROM CONDUCTING ROUTINE MAINTENANCE ACTIVITIES 20 INCLUDING REMOVING TREES OR BRANCHES THAT ARE EITHER DISEASED OR POSE AN 21 IMMINENT RISK TO THE ECOLOGICAL HEALTH OF ANY GIVEN STATE PARK OR 22 HISTORIC SITE, OR HAVE FALLEN ACROSS ROADS OR TRAILS WITHIN THE STATE 23 PARK OR HISTORIC SITE. 24 S 2. This act shall take effect immediately and shall apply to all 25 agreements, leases and contracts entered into, issued, renewed, altered 26 or modified on or after such effective date.