N.Y. Environmental Conservation Law § 45-0111: Functions, powers and duties

§ 45-0111. Functions, powers and duties.

The trustee shall have the duty of assisting the legislature and the

governor in implementing the policy of the state as set forth in section

4 of article XIV of the State Constitution, and in order to carry out

such purposes he shall have the following functions, powers and duties:

1. To recommend to the Governor and legislature real property to be

included in the preserve. In making such recommendations, the trustee

shall first find that such real property qualifies for inclusion in the

preserve because of its natural beauty, wilderness character, it

contains old-growth forest, or is of other geological, ecological or

historical significance. Such recommendation shall include, where

appropriate, the estimated value or cost of the real property,

justification for its inclusion in the preserve, and provision for

management, care, custody and control of the real property. When the

trustee identifies a parcel of state land which may be an old-growth

forest, the trustee shall evaluate the parcel, and if it meets the

criteria of an old-growth forest, recommend the parcel be included in

the preserve. When the trustee recommends property be placed in the

preserve to protect old-growth forest, such recommendation shall include

provisions that the old-growth forest be protected with minimum

management or disturbance that only considers passive recreational

opportunities with no construction of public amenities. In those

provisions, the protection of the old-growth forest from invasive

species and diseases may be considered. Such real property may include,

but not be limited to real property presently owned in the name of the

state, unconditional or conditional grants, gifts and bequests to the

state of real property, and real property recommended by the trustee for

acquisition.

2. To prepare and submit an annual report to the Governor and the

legislature on or before February first on the activities of the trust.

3. To undertake research and studies related to activities of the

trust.

4. To maintain a current inventory of all real property which has been

dedicated to the preserve.

5. To request any state agency to render assistance in carrying out

the purposes of this article. Any state agency is authorized to render

such assistance to the trustee.

6. To make such rules and regulations as the trustee may determine

necessary for the purposes of properly carrying out his functions,

powers and duties, and to do all things necessary or convenient for

carrying out the foregoing functions.