N.Y. Environmental Conservation Law § 3-0321: Gifts, donations, capital improvements

§ 3-0321. Gifts, donations, capital improvements.

1. Notwithstanding the provisions of the state finance law, or any

other state law to the contrary, and subject to approval of the director

of the budget, the commissioner is authorized to accept an unconditional

grant, gift, devise or bequest, either absolutely or in trust, from

persons and entities for the maintenance of any educational or

recreational facilities or for programs that promote the use or

stewardship of state owned lands under the department's jurisdiction or

management; establish a special fund or funds consisting of monies so

acquired and administer such fund or funds; and expend such monies.

2. Notwithstanding the provisions of the state finance law, or any

other state law to the contrary, the commissioner is authorized to:

(a) receive, hold and administer personal property and any income

thereof, acquired by grant, unconditional gift, devise or bequest,

either absolutely or in trust, for the maintenance of any educational or

recreational facilities or for programs that promote the use or

stewardship of state owned lands under the department's jurisdiction or

management; establish a special fund or funds consisting of monies so

acquired and administer such fund or funds; and expend such monies; and

(b) seek investment from private philanthropic interest or

not-for-profit corporations for capital improvements at state owned

facilities under the department's jurisdiction or management.

3. For purposes of this section, educational or recreational

facilities or programs that promote the use or stewardship of

state-owned lands under the department's jurisdiction or management

shall include, but not be limited to, campgrounds, fish hatcheries,

historic areas and facilities, kiosks, signage, programs for maintenance

and development of roads and trails, and programs to improve access for

persons with disabilities.

4. The commissioner shall not accept any grant, gift, devise or

bequest from or enter into any contract or agreement authorized pursuant

to subdivisions one, two, and, three of this section with persons or

entities:

(a) named in a pending lawsuit by or against the department;

(b) under investigation by the department;

(c) with a permit or license application pending before the department

or currently holding a department-issued permit or license, except for

permits or licenses that are ministerial in nature, such as sporting

licenses, use of state land permits, or general permits;

(d) engaged in settlement negotiations with the department regarding

any civil, criminal or administrative matter; or

(e) subject to a consent order issued by the department.