N.Y. Environmental Conservation Law § 9-0505: Sale of products from reforestation areas

§ 9-0505. Sale of products from reforestation areas.

1. The commissioner, upon such terms as may be deemed by him to be for

the best interests of the state and subject to the following rules and

regulations, may sell the trees, timber and other products on any areas

outside of the forest preserve counties heretofore or hereafter acquired

by gift, purchase or appropriation and on any lands within the forest

preserve counties, but outside of the Adirondack and Catskill parks as

now fixed, or hereafter extended by law, heretofore or hereafter

acquired pursuant to this section by the department. For the purposes of

this section, the term "other products" shall also include, but not be

limited to, the sap from maple trees.

2. All trees, timber or other products to be sold shall be plainly

marked or otherwise designated prior to selling and no such material

shall be removed from said land until paid for.

3. No such material shall be sold at less than the fair market value

in the county or counties in which it is located. Fair market value

shall be the value fixed by a department forester or other competent

appraiser in a report made after an examination of the materials to be

sold, provided such appraisal is approved by the commissioner. The

commissioner shall have authority to sell such materials at not less

than the value thus fixed and under such conditions as he may prescribe.

4. a. No sale of such materials appraised at ten thousand dollars or

more shall be made without public notice of sale, and after receipt of

sealed bids which shall be opened only at the time and place specified

in the notice of sale. Award shall be made only to the highest bidder.

b. The public notice of the sale of such materials shall be a notice

describing the materials and location thereof, the date when and place

where bids will be opened and the address at which said forms and

specific details of the sale may be obtained. Such notice shall be

printed in the Procurement Opportunity Newsletter, and in such other

newspapers as will be most likely to give adequate notice of the sale of

such materials, for such time and in such manner as shall be determined

by the commissioner.

c. The state may reject all bids submitted if the highest bid is below

the fair market value as determined above. No bids shall be withdrawn or

cancelled until after the award shall have been made, but the state may

reject any bids which do not conform to rules and regulations and may

reject all bids and again advertise for bids in the manner herein

provided if the interests of the state shall be promoted thereby. Each

bidder with his bid shall deposit with the commissioner a certified

check drawn upon some legally incorporated bank in this state or money

for five per centum of the amount of his bid as a guarantee that he will

enter into the contract of sale if it be awarded to him. Notice of the

requirement of such deposit with the bid shall be embodied in the public

notice for such letting and such notice shall also require the giving of

a bond in such amount as the commissioner may prescribe for the faithful

performance of the contract and for the indemnification of the state for

any unnecessary injury to property of the state, forest growth or other

materials not marked or otherwise designated for removal under such

contract, which may result from the removal of the materials sold. In

lieu of such bond the bidder may deposit cash or a certified check with

the commissioner. The contract when awarded shall be executed in

triplicate, one triplicate original shall be forthwith filed in the

office of the commissioner, one together with the bond accompanying such

contract in the office of the State Comptroller and one furnished to the

contractor. The contractor shall present to the commissioner evidence

that he is insured against all claims for workmen's compensation and

public liability.

d. For sales appraised at more than five hundred dollars and less than

ten thousand dollars the commissioner, at a minimum, shall develop a

local bid procedure to ensure that the public is aware of such sales and

that such sales be awarded to the highest responsible bidder.

5. Notwithstanding any rule or regulation to the contrary, the

commissioner shall be authorized to enter into contracts for the lease

or use of state lands for the purpose of tree tapping and sap production

for a term of up to, but not to exceed, ten years. For the purposes of

this section, the terms "tree tapping" and "sap production" shall

include trees and sap from species of trees including, but not limited

to, maple.